 |
 |
 |
« August 2008 | Main | October 2008 »
Thursday, September 18, 2008 - 10:25:55
Ark. Sup. Ct. Issues Revised Rules For Criminal Cases
For any of you who do criminal appeals ( which I from time to time ) the Ark. Sup. Ct. today issued some new rules on how to handle criminal appeals. No major changes. There is also a new conditional plea form to be used when a defendant pleads guilty while reserving their right to appeal a suppression hearing, etc.
http://courts.arkansas.gov/court_opinions/sc/2008b/20080918/published/inre_crimrules.pdf
Tuesday, September 16, 2008 - 15:47:26
I love small town papers
There is nothing inherently interesting or novel about this story about a woman who wrote a hot check to Sears in Malvern. I just like the fact that such a simple, routine crime got this much coverage. I wish the Gazette would give a whole page every day to crime stories - maybe I'm just a criminal voyeur or something.Pulaski County District Judge Wayne Gruber helps with homeless outreach
In a sea of otherwise depressing news, here is a bright spot how Judge Gruber and others are trying to help the homeless population of Little Rock.Did John McCain Invent The Blackberry?
It seems like one of his campaign aids thinks so........he is the miracle worker you know.
Monday, September 15, 2008 - 08:58:55
Ask the Hoglawyer: Can I sue my vet for malpractice if my dog dies because of their negligence?
Dear
If my dog dies because of my veterinarian’s neglectful medical care, can I sue? From:
The easy answer is – yes. You essentially have a contract with your veterinarian. You give them money to perform a professional service, which you expect to be done using due diligence. If their degree of care dips below a certain level, and because of their negligence your dog dies or is disabled, you could sue and probably win. The problem is what the proper damage award should be. In a medical malpractice lawsuit with people, if you suffer pain and suffering, permanent injury, or death, you or your survivors are entitled to compensatory and sometimes punitive damages. The amount of damages is based on the level of pain, the amount of disability, the diminished enjoyment of life, and lost wages. If I can’t work because my doctor cut the wrong part – I might be entitled to hundreds of thousands or even millions of dollars because of their negligence. With rare exceptions, dogs don’t have jobs for which they receive compensation.
So if my dog dies as a direct result of my vet’s negligence – what am I entitled to as a damage award? Not much. For example ,let’s say the vet gives my 10-year-old Great Dane too much anesthesia and she dies. In the eyes of the law, she is my property, and I am entitled to replacement value. How much is a 10 year old dog worth? You just have to look in the paper to see that most older dogs can be replaced for free. You could get reimbursed for medical expenses, but that’s of little solace. What about the emotional trauma of losing my faithful and loyal companion for ten years? As the law is currently written in Arkansas – you have little likelihood of receiving any type of compensation for this type of loss.
There have been exceptions to this general rule. In 2004, an Orange County, Calif., jury recognized the “special value” of a Labrador retriever and awarded the owner $39,000 in a malpractice suit.Without potential for huge awards, malpractice lawsuits are rarely undertaken. Because of the slim chance of a major lawsuit, most vets in the U.S. pay only about $500 a year for malpractice insurance. I’m sure some special pets might merit a lawsuit such as service animals and show dogs, but such a lawsuit would be an exception inapplicable to most cases of neglect.
The Hoglawyer
Wednesday, September 10, 2008 - 16:42:03
Best Story Subject Title: The World Hasn't Ended!
If you haven't noticed the Large Hadron Collider project. didin't cause the end of the world, as some kooks had feared.Borat Not Guilty !
Maybe "not guilty" is the wrong term. Remember Borat- where Sasha Cohen pretended to be an eastern European reporter. One of my favorite movies of the year. While watching it, it was obvious the participants had been duped and, needeless to say, would be unhappy. Of course, after being made to look like a fool while at the same time the movie producers made millions - lawsuits were bound to happen.
Borat wins - easily. In this judgment - most of the claims still left are thrown out without a trial. Before filming anyone - the producers had the participants sign a very well written release - that waived their right to sue based on fraud, emabarrassment, almost anything they could think of. And, it worked. It didn't help those suing that they had also accepted money from the producers for being filmed in a "documentary-style" film.
Be very careful about what you sign - they will hold you to it later.
Arkansas Prison Libraries
The Arkansas Supreme Court Weighs In On Voiding Marriages
The Continuing Baggy Pants Crisis: 1st Arrest
 |
  |
| © 2004 - 07 Arkansas Times. All Rights Reserved. |  |
