Thousand Oaks, CA —The November 8 th   massacre  of college kids and a Sheriff’s sergeant by a crazed gunman still generates many more questions than answers.     It’s now more than obvious that the answers will have to be forcibly extracted from the officials by legal process and court orders.  Right now, lawyers helping victims face a solid stonewall as far as getting enough information to even file lawsuits. Legal authority is required to open the reports, surveillance video and evidence for inspection.   The lawyers must sue before they can obtain subpoenas or any discovery material.  However they can’t sue without having a proper theory as to negligence or some other tort claim.  With the records locked up so tight, justice may never be done.  The first obvious liability target is the Borderline Bar and Grill itself.  We know that those people injured were not shot.  Due to inadequate...

You hear the medical community and insurance industry incessantly carping and whining for Tort Reform . The title itself is incredibly misleading. It should be called what it is, The Insurance Company Protection Act . A tort is an act that injures someone. There are accidental torts and intentional torts. An automobile accident involving simple negligence is a tort. So is an act of libel, assault, or even murder. In this mix are dog bites, construction accidents and the surgeon who amputates the wrong leg. Most people cannot afford lawyers to force those responsible to pay for the damages they have caused. Usually there is a liability insurance policy involved and insurance companies are in the business of collecting premiums and doing whatever they can to avoid paying claims. For the average working American the legal community invented the contingent fee arrangement. The lawyers front the sometimes huge expenses related to bringing your claim to court and charge you nothing unl...