April 2012

Raising the Standard of Proof in Tort Cases?

In a recent article in TRG Personal Injury Litigation News(March 2012), Kelly Kirkland argued that a clear and convincing standard of proof should be adopted in tort cases where large damage awards were at stake.  In other words, the more seriously injured the victim, the more difficulty the ability to recover.  According to the article, an increased standard of proof is necessary because the outcome of these suits . . . affect . . . the distribution of existing wealth. A necessary predicate to Mr. Kirkland's proposal is that a tort crisis exists.  The problem is that Mr.


A Perfect Storm for Nursing Home Residents

Since 2005 there have been at least 46 buyouts of nursing home operators.  Private equity firms now own three of the five largest nursing home chains in the United States, including HCR Manor Care which was bought by the Carlisle Group for more than $6 billion dollars in 2007.

The private equity firms claim that, even though they are “for profit,” they can still  provide excellent care for seniors.  However, recent studies show that is simply untrue.