Personal Injury Articles from Solomon Neuhardt

Sucks To Be You: GM & Chrysler Get a Free Pass

Thu, 23 Jun 2011 21:10:00 GMT

Product liability is an area of personal injury law that seeks to remedy harms caused when a manufacturer sells defective goods to consumers. The law is generally set at the state level and is meant to act to protect the public and provide a way to recover damages when a manufacturer is negligent.

This “right to sue” is considered a key part of a free market economy. Without it, a manufacturer is free to do what they want without the risk that bad acts will take profits away.

Historically, the US Congress has stepped in to alter the rules of the game when warranted. One example came in the form of the National Childhood Vaccine Injury Act, passed in 1986, established a system of arbitration for vaccine manufacturers and restricted or eliminated the types of liability lawsuits that could be filed.

Wrongful Death Suit Filed Against School Board and State of Montana

Thu, 02 Jun 2011 07:00:00 GMT

Mrs. Roxanne Gourneau of Wolf Point, MT has hired Billings attorney Solomon Neuhardt to represent her in a wrongful death lawsuit against the Wolf Point School Board, the State of Montana and Henry Hamill, the District Superintendent. The complaint alleges that these defendants contributed to the suicide death of 17 year-old Dalton Gourneau, on November 23rd, 2010.

Dalton, a student at Wolf Point High School, was a member of the wrestling team. After being accused of having chewing tobacco on his person, the young man was told he would not be allowed to participate in athletic events for 60 days. In this period, Wolf Point would be competing in state level events.

Say What?

Thu, 21 Apr 2011 18:43:22 GMT

Personal injury lawyers have a sense of humor after all

The practice of personal injury law is often a deadly serious business. Huge sums, reputations, freedom and even lives may be on the line. But in the midst of all the sober decision making, and perhaps partly because of the stress it entails, there is a relief valve – the unexpected humorous twist. The funny stuff isn’t gallows humor at all; rather it’s the type of unthinking errors we all make under pressure.
Snopes was unable to confirm the origins. They are purported to come from actual court transcripts, but they’ve been passed around enough that there is now no way to tell for sure. However, any lawyer can tell you they

American Royalty

Thu, 21 Apr 2011 11:26:22 GMT

She’s the heiress of two fortunes. On her father’s side, the Greek shipping magnate Stavros Niarchos. And her mother is the daughter of Henry Ford II (the grandson of the Ford Motor Company founder). She’s the first female family member to work as an executive for the company. And now, Elena Ford has been arrested for drunk driving.

There’s a Ford mansion on Jefferson Avenue, on Lake St. Claire, down the road from the yacht club. In exclusive Grosse Pointe Shores, the mansions are on the water, but set back from the road with main houses, separate garage houses and more buildings for caretakers. This is old money in an area developed when it was far enough from Detroit to avoid seeing any of the urban blight. It still is, but just barely. And here is where the royalty

Marijuana Mess

Tue, 05 Apr 2011 07:00:00 GMT

It’s called unintended consequences or collateral damage, and it often happens when radically new law is passed. It’s happening now as States with medical marijuana laws on the books run into untested areas. Montana is no exception and our courts will continue to see cases where the law isn’t settled.
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Billings Death Verdict – $1.7 Million

Tue, 29 Mar 2011 16:30:01 GMT

Last month’s jury award in a wrongful death suit illustrates both the tragedy and the path to a just outcome when a loved one dies from avoidable error. In this case, it was the death of Gerard Heidt, at the time a 42 year-old father of four. His widow sued Billings Clinic and Dr. Faranak Argani. The tragic part is obvious – a middle-aged father struck down and a grieving widow. The path to a just outcome is rather more involved.

The wrongful death happened in 2005, a year after Mr. Heidt went to the Billings Clinic complaining of chest pain. One of Mr. Heidt’s heart valves was “leaky” – a condition where the valve doesn’t close completely and blood can push past it. The lawsuit alleged that this condition wasn’t properly considered. Dr. Argani, who is an internal medicine

Heart Medication Alert

Thu, 03 Mar 2011 02:11:46 GMT

Solomon Neuhardt applauds the FDA and helps raise awareness

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Catch 22 for Generic Drug Labeling

Mon, 14 Feb 2011 02:52:03 GMT

Although a final ruling from the U.S. Supreme Court isn’t expected until this summer, things aren’t looking good for generic drug manufacturers. At issue is whether their labeling has to reflect important medical warnings – even when those warnings aren’t required by the FDA.

Motrin (ibuprofen), aspirin and Tylenol (acetaminophen) would fall under this category. A physician may tell someone to take an over-the-counter preparation as part of his or her therapy. The patient then has to rely on the package information available at the point of purchase – without the input or oversight of a pharmacist.

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Solomon Neuhardt Discusses Consequences of Cell Phone Rulings

Thu, 03 Feb 2011 21:42:03 GMT

Rulings bring attention to an important consitutional question

Solomon Neuhardt, an injury attorney in Billings, Montana, is watching the development of new cell phone law carefully. “It may have a significant impact on how fault is decided in automobile accident cases,” says Mr. Neuhardt. At issue is whether or not the police need a warrant to search a cell phone after an accident.

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Hooray for the Economy!

Thu, 27 Jan 2011 23:04:28 GMT

Arecent uptick in auto and casualty insurance company television ads caught my eye. One company in particular advertises that they are the nation’s largest. I checked Allstate’s website, and they are. A Fortune 100 company, Allstate reports $133 billion in assets. In the U.S., they are the big dogs when it comes to “personal line” insurance. Personal line refers to insurance for personal property, liability and for medical care after an accident.

Checking further, I found that profits are up. Remember the financial crash of ’08? That hit insurance companies hard because many were heavily invested in stock market instruments that fell. But, according to the Insurance Journal, by November of ’09, “Allstate Corp., the largest publicly traded U.S. home and auto insurer, reported a third quarter profit Wednesday, the improvement from a year ago loss made possible by lower catastrophe and investment