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Jun

19

Bronx Experimental Court Speeds Up Civil Process

Posted by Tiffany Sanders J.D. | Posted in Personal Injury Legislation Watch

The Bronx Summary Trial Court decided six civil cases during its first week of operation, in significant contrast to typical civil court where one trial can last for several day or even weeks.
Under the new system, New York personal injury cases are tried in just a few hours. Opening statements are limited to ten minutes for each side, and each attorney has one hour to present evidence and may call no more than two witnesses.
Proponents of the system say it will save tens of thousands of dollars for parties in attorney fees, trial preparation, expert witness fees, and more. In addition, cases will come to trial much more quickly.
Currently, the Summary Trial Court hears only cases wherein both parties have agreed to the process. Its decisions are binding and not subject to appeal.

Jun

2

NHTSA Seeks to Deny State Jurisdiction Over Vehicle Cases

Posted by Tiffany Sanders J.D. | Posted in Personal Injury Legislation Watch

The National Highway Transportation Safety Administration (NHTSA) has proposed tougher regulations on vehicle roof strength. At a glance, that looks like a great proposal, since thousands of people are killed in vehicle rollovers each year, often because the vehicle roof caves in on impact.
However, the aspect of the regulation that NHTSA is underplaying to the public is that it would pre-empt all state laws regarding vehicle roof strength. Thus, so long as a vehicle met the federal standards, an injury victim could not bring suit against the manufacturer even if it could be proven that roof strength deficiencies caused the injury. States would not be able to set standards higher than those included in the federal provisions, either by statute or case law.

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