Recent Articles

Lost Future Earning Capacity; What Is It and How Is It Proved?

Robert L. Abell
March 06, 2012 13:51

Loss of future earnings is a customary injury in personal injury cases. The loss of future earning capacity is similar and related, but there is a difference between the two. The Sixth Circuit recently in Andler v. Clear Channel Broadcasting, Inc., Nos. 10-3264/3266 (February 29, 2012), explain the...

Did Dickens Hate Lawyers?

Robert L. Abell
February 07, 2012 14:25

February 7 is the bicentennial of Charles Dickens's birth in England. In his many books and stories, Dickens was unsparing toward lawyers. Here's an interesting take in the New York Times: Dickens v. Lawyers. Robert L. Abell www.RobertAbellLaw.comFebruary 7 is the bicentennial of Charles Dickens's...

Should A Judge Recuse When He Owes Money to One of the Law Firms In A Case?

Robert L. Abell
January 25, 2012 14:43

It would seem obvious that a judge who owes money to one of the law firms representing a party in a lawsuit before that judge should recuse or get off the case. But Justice Michael Gableman of the Wisconsin Supreme Court sees it otherwise as discussed in this New York Times editorial: A Wisconsin...

Sixth Circuit Hears Appeal of Phen-Fen Lawyers, Gallion and Cunningham

Robert L. Abell
January 18, 2012 00:46

The federal Sixth Circuit Court of Appeals today heard argument in the appeals of phen-fen lawyers William Gallion and Shirley Cunningham reports the Lexington Herald-Leader, "Federal Appeals Court Hears Kentucky Diet Drug Pair."The federal Sixth Circuit Court of Appeals today heard argument in the...

Is An Issue "Almost Too Close to Call" Ripe for Summary Judgment? "No" Rules the Kentucky Court of Appeals

Robert L. Abell
December 19, 2011 13:18

In granting summary judgment and dismissing a case against the University of Kentucky and a number of its agents and employees Fayette Circuit Court Judge Pamela Goodwine observed that an issue was "almost too close to call." The issue was "too close to call and therefore should not have been...

No Link Between Tort Reform and Job Growth

Robert L. Abell
July 25, 2011 14:42

Although shills for tort reform never tire -- after all they are paid and paid well by corporate and insurance interests intent on evading responsibility, accountability and liability for their own conduct -- of repeating the falsehood that tort reform leads to job growth, saying something that is...

Is An Attorney's Fee Paid for Representation at Trial Still Payable If the Client Pleads Guilty and Does Not Go to Trial

Robert L. Abell
June 27, 2011 15:09

Is an attorney's fee paid for work in preparation for trial and in trial of a client's case refundable if the client pleads guilty? Finding the parties' attorney-client representation agreement ambiguous on this point the Kentucky Court of Appeals ruled that a jury must decide what the parties'...

Order In the Court!: Wisconsin Supreme Court Justice Accused of Choking A Colleague

Robert L. Abell
June 27, 2011 15:08

Wisconsin Supreme Court Justice David Prosser, who was barely re-elected in November, has been accused of choking a colleague, Justice Ann Walsh Bradley, in her court office after she asked him to leave: "The facts are that I was demanding that he get out of my office and he put his hands around my...

How Medicare Saves Money

Robert L. Abell
June 13, 2011 14:23

New York Times columnist Paul Krugman explains today how Medicare saves money: "Medicare Saves Money." Robert L. Abell www.RobertAbellLaw.comNew York Times columnist Paul Krugman explains today how Medicare saves money: "Medicare Saves Money." Robert L. Abellwww.RobertAbellLaw.com

Are Claims of Defensive Medicine Also Admissions of Fraud?

Robert L. Abell
May 03, 2011 15:39

The PopTort again discusses that claims of defensive medicine are also admissions of fraud, "Attention Medicaid Auditors: Doctors Admit Fraud and Call It Defensive Medicine!" The central point to ponder: doctors who bill Medicare or Medicaid for tests and procedures done for personal purposes as...