William Plyler | September 28, 2009
The Raleigh News and Observer’s September 27, 2009 front page article entitled “Lawsuits and Health Costs, Debate Swirls on the Effects of Malpractice Awards” demonstrates that the issue of medical malpractice reform is not going away. (See September 6 post on this issue.) The most striking feature of Sarah Avery’s article is its balanced approach. [...]
William Plyler | September 21, 2009
Judges should interpret (rather than make) the law and should not legislate from the bench. On the other hand, judges should invalidate legislation which conflicts with the Constitution. Politicians of all stripes profess to agree upon these high-minded, competing principles.
Which of these principles is emphasized by a politician in a particular situation depends [...]
William Plyler | September 15, 2009
The North Carolina Court of Appeals filed an opinion, Biggers v. Bald Head Island, et al. (No. COA08-249, filed September 15, 2009) today affirming the trial court’s dismissal of a lawsuit filed by the parents of a six year old boy who fell from an electric golf cart on Bald Head Island, North Carolina. Howard Biggers, IV [...]
William Plyler | September 6, 2009
Bill Bradley’s op-ed piece in last week’s New York Times may prove to be the turning point in the health care reform debate. Bradley envisions a grand political tradeoff between Republicans and Democrats. Republicans would agree to universal health insurance coverage in exchange for substantial tort reform, specifically, medical malpractice reform.
Bradley, the All-American basketball player [...]
William Plyler | September 6, 2009
Bill Bradley’s op-ed piece in last week’s New York Times may prove to be the turning point in the health care reform debate. Bradley envisions a grand political tradeoff between Republicans and Democrats. Republicans would agree to universal health insurance coverage in exchange for substantial tort reform, specifically, medical malpractice reform.
Bradley, the All-American basketball player [...]
William Plyler | September 1, 2009
Duke University will face a jury, rather than an arbitration panel, in a defamation lawsuit brought by the school’s former lacrosse coach, Michael J. Presslar. The decision of the N.C. Court of Appeals, Presslar v. Duke University and Burgess ( No. COA08-859, filed September 1, 2009), affirms the trial court’s denial of Duke’s motion to [...]