LRANY Video Series: Contingency Fee Limits

This week, to continue the LRANY video series, we bring you a video on contingency fee limits.  With attorney’s fees commonly 33% or more of the total award, victims often receive far less than the total award would suggest.

LRANY supports a plan to broaden the contingency fee schedule currently in place for medical malpractice actions to all tort cases.  A sliding fee schedule would ensure that the major part on the award goes to the injured victim, rather than the attorneys’ fees.


LRANY Video Series: Most Ridiculous Lawsuit of the Month February 2014

This week, to continue the LRANY monthly video series: the Most Ridiculous Lawsuit of the Month, we bring to you the Most Ridiculous Lawsuit of the Month February 2014.

An Oregon pimp who was recently sentenced to 100 years in prison has filed a $100 million lawsuit against Nike.  Confused?

Watch below.


FOR IMMEDIATE RELEASE: Lawsuit Reform Alliance Releases “Victims of the Scaffold Law” Video Series


FOR IMMEDIATE RELEASE: February 6, 2014, (Albany, NY):  The Lawsuit Reform Alliance of New York (LRANY), a non-partisan nonprofit association committed to reducing lawsuit abuse, has released a their “Victims of the Scaffold Law” video series highlighting the impact of New York’s “Scaffold Law” on small businesses, taxpayers, and, specifically New York’s Minority and Woman Owned Business Enterprises (M/WBEs). A one-minute preview of the series is available at

The Scaffold Law, which exists only in New York, imposes total liability on contractors and property owners in lawsuits for gravity-related construction accidents, regardless of any contributing negligence by the worker. The Scaffold Law is responsible for over half of the largest settlements in the state and dramatically increases the cost of liability insurance and construction in New York.

The video series features interviews with several M/WBE leaders who discuss the impact of the Scaffold Law on their business. Advocates in the video argue that insurance cost increases due to the Scaffold Law are threatening the future of M/WBE firms in New York.



LRANY Video Series: “Joint and Several” Liability

This week, to continue LRANY’s video series, we bring you a video on ‘joint and several’ liability.  The legal doctrine of joint and several liability is a theory which permits a plaintiff to recover damages from multiple defendants collectively, or from each defendant individually. Under this doctrine, a defendant who is only 1% responsible can be forced to pay 100% of the damages. This creates strong incentives to sue entities with “deep pockets,” such as like schools, businesses and municipalities , in the hopes of extracting a settlement.

Municipalities are often roped into lawsuits because of this joint and several .  As a recent study from the University at Albany shows, our municipalities pay over a billion dollars in lawsuits costs every year.

LRANY supports the more equitable standard of “fair share” liability, in which liability is proportional to fault.  By enacting Fair Share Liability, New York would ensure that only those that are a majority responsible would pay the full judgment, limiting lawsuit abuse against our municipalities.


LRANY Video Series: Most Ridiculous Lawsuit of 2013

This week, to continue the LRANY monthly video series: the Most Ridiculous Lawsuit of the Month, we are going to switch things up a bit.   As last month marked the end of 2013, we bring you the most ridiculous lawsuit of the year.

In February of 2013 we came across a story of a 32 yr old homeless man from Brooklyn suing his very own parents for $200,000 for indifference to his “problems”.



LRANY Video Series: Non-economic Damage Caps

This week, to continue LRANY’s video series, we bring you a video on non-economic damage caps in New York State.  Unknown to many is the difference between economic and non-economic damages.  Economic damages include all medical expenses, lost wages, future earnings and punitive damages. While damages for non-economic losses include pain and suffering, emotional distress, loss of companionship, and other intangible injuries.  Because these damages involve no direct or calculable economic loss, it is difficult for juries to assign a dollar value to these losses. As a result, these awards tend to be erratic, and often times, excessive.

LRANY supports the rational limitation of non-economic damages. A limit would eliminate excessive jury awards and reduce financial incentives to file frivolous lawsuits. Most importantly, such a limit would have no impact on the amount an injured person could receive for economic losses such as past and future medical bills, lost wages, future earnings, medical devices, and any other quantifiable losses.


LRANY Video Series: Ridiculous Lawsuit of the Month – November 2013

This week, to continue the LRANY monthly video series: the Most Ridiculous Lawsuit of the Month, we bring to you the smoking congresswoman who has filed an asbestos lawsuit.

Asbestos lawsuits are a multi-billion dollar industry for plaintiff’s attorneys. Epidemiological research predicted that cases of asbestos related diseases would peak years ago and begin to decline – yet the lawsuits have only increased, and in recent years, there has been shocking evidence of fraud.  To date, approximately 100 companies have been bankrupted by asbestos related liability, and the number of trusts has grown from 16 to 60 in the past 11 years.


LRANY Video Series: Video Memo Introduction

leg med memoThis week, to continue the LRANY video series, we bring to you an introduction to a new portion of the series Video Memo’s hosted by LRANY’s Scott Hobson.  In New York, over 10,000 bills are filed each session and we are tracking hundreds of them on a daily basis.  The purpose of this portion on the series is to keep you informed about what information we are tracking on the legislative front highlighting the most important bills.



LRANY Video Series: Trespasser Responsibility

brokenwindowThis week, to continue the LRANY video series, we bring to you a video on trespasser responsibility.  Currently, New York is one of only two states in the nation where a trespasser can sue a property owner for injuries incurred while trespassing. This backwards standard of liability threatens law abiding New Yorkers’ right to free enjoyment of their property and provides a strong disincentive for businesses to locate in the state.

LRANY supports legislation (S.3619 (Seward)/A.4824 (Magee)) which would prohibit trespassers from suing property owners for their injuries.  The legislation provides exceptions for child trespassers and attractive nuisances such as playgrounds and swimming pools.


LRANY Video Series: Medical Apologies

Medical Apology Laws MapThis week, to continue the LRANY video series, we bring to you a video on the medical apologies. Under current law, statements of apology or regret made by a health care provider can be used in court against the provider as evidence of wrongdoing.Consequently, doctors and hospitals are unable to apologize or express sympathy to injured patients because of the liability risk. Currently, 36 states (see map) have enacted similar “apology laws.”

By enacting common sense legislation (S.2533 (Hannon)/A.4071 (Galef) Liability protection for statements of regret or apology), our state would reduce medical malpractice litigation, reduce court costs and improve provider-patient relationships.