Category Archives: Tort Reform & Legal Climate

New CFPB Rule Makes Personal Injury Attorneys the Real Winners

Personal injury lawyers stand to be the real winners of the Consumer Financial Protection Bureau’s (CFPB) new rule that prohibits companies from using mandatory arbitration clauses in their contracts. While the CFPB claims this anti-arbitration rule was set to protect consumers, the reality is the rule will benefit personal injury attorneys hell-bent on making a buck through class action lawsuits.…

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Bad Acting Personal Injury Lawyers Must be Stopped

For far too long, bad acting personal injury lawyers have abused our legal system, taking advantage of vulnerabilities through unethical legal practices. Specifically related to asbestos bankruptcy trust claims, these personal injury attorneys have hidden evidence of exposure in order to “double dip” damages and line their pockets. Phil Goldberg, director of the Progressive Policy Institute’s Center for Civil Justice,…

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Workers’ Compensation Reforms Saved!

After a recent ruling from the North Carolina Supreme Court threatened to decimate the workers’ compensation reforms of 2011, the aligned business community immediately got to work to save the reforms. Thanks to swift and hard fought advocacy efforts, the North Carolina General Assembly unanimously passed legislation clarifying the reforms passed in 2011. This action created a legislative fix to…

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Time is Running Out to Stop Plaintiff Attorneys from Gaming NC’s Legal System

We’re racing against the clock to move legislation that would stop bad acting plaintiff attorneys from gaming our legal system when filing bankruptcy trust claims. While the Senate has already passed Senate Bill 470: Personal Injury Bankruptcy Trust Claims, the House has yet to act on the legislation. For far too long, these plaintiff attorneys have taken advantage of vulnerabilities…

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Saving Workers’ Compensation Reforms from Decimation

Courtesy of a recent North Carolina Supreme Court ruling, the workers’ compensation reforms achieved in 2011 are on the verge of total decimation. In a major blow to North Carolina’s business community, the state Supreme Court unraveled the balanced reforms with the most dramatic changes to workers’ compensation since the 1980’s. The consequences of this decision are steep as it…

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NC House Must Take Action to Stop Bad Acting Plaintiff Attorneys from Gaming NC’s Legal System

For far too long, bad acting plaintiff attorneys have taken advantage of vulnerabilities in North Carolina’s legal system when filing bankruptcy trust claims. In an effort to manipulate damages, plaintiff attorneys have flagrantly exploited the state’s legal system through unethical legal practices including hiding evidence of exposure and “double dipping” damages. This egregious abuse must end and it is incumbent…

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Harmful Workers’ Compensation Ruling Hurts Injured and Employers

A recent workers’ compensation ruling from the North Carolina Supreme Court will be detrimental to injured employees and employers across the state. In Wilkes v. City of Greenville, the state Supreme Court expanded liability in workers’ compensation claims, forcing the burden of proof on employers to show medical conditions not connected to a compensable injury are in fact not related.…

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It’s Time to End the Flagrant Exploitation of NC’s Legal System

For years, bad acting plaintiff attorneys have made it their practice to exploit North Carolina’s legal system when filing bankruptcy trust claims. Employing unethical legal practices to manipulate damages payed, these plaintiff attorneys have attempted to game the system at every junction. From hiding evidence of exposure to “double dipping” damages, it is long past time for these practices to…

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Eliminating Egregious Abuses in NC’s Legal System

North Carolina’s legal system is susceptible to egregious abuses in bankruptcy trust claims. Unfortunately, some plaintiff attorneys have made it their practice to exploit the system, employing unethical legal practices to manipulate damages payed. From hiding evidence of exposure – like the practices revealed in the Garlock bankruptcy case – to “double dipping” – an occurrence where a plaintiff receives…

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Ohio Proves Establishing Transparency in Bankruptcy Trust Claims Works

North Carolina’s legislative leaders should take note of Ohio’s successful asbestos trust reform as they consider Senate Bill 470: Personal Injury Bankruptcy Trust Claims. Ohio sought to establish transparency and fairness in bankruptcy trust filings four years ago – the first state in the country to implement such reforms. The legislative action was met with opposition questioning whether or not…

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