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Ask a Lawyer: What’s a Civil Lawsuit?

A civil lawsuit is a legal dispute between two or more parties.  Unlike a criminal lawsuit, which is meant to punish a wrongdoer for committing a crime, a civil lawsuit is meant to compensate a victim.  In a civil lawsuit, the wrongdoer must pay for their actions in dollars, not in time behind bars.

A civil lawsuit begins when one party files a complaint with the court, describing how the other party caused them harm, damages, or injury, and asks the court to order relief.  Relief can come in the form of money or in the form of a court order for the other party to discontinue the damaging behavior.

Can a Tostitos Chip Bag Help Stop Drunk Driving?

Partnered with Uber and Mothers Against Drunk Driving (MADD), Tostitos brand has made a limited edition “Party Safe” bag that can tell if someone has been drinking and will help them get home safely on Super Bowl Sunday.  The special bag comes equipped with a sensor that can detect small traces of alcohol on a person’s breath.  If any alcohol is detected, the sensor turns red in the shape of a steering wheel and displays a “Don’t Drink and Drive” message and a code for $10 off an Uber ride during or after the game.

The bag uses near-field communication technology which allows fans to tap their phone on the bag to call their Uber ride.  This innovative idea should encourage people to think twice before driving drunk on Super Bowl Sunday.  Jennifer Saenz, Frito-Lay’s chief marketing officer, said, “Our goal is to remove 25,000 cars from the roads that Sunday evening.”

Drug Manufacturer Fined for Unfairly Raising Prices

A recent settlement shocked the pharmaceutical world as the drug maker Mallinckrodt has agreed to pay a $100 million fine to settle Federal Trade Commission charges for taking illegal action to maintain its monopoly of a specialty drug for infants.  H.P. Acthar Gel is an adrenocorticotropic hormone drug prescribed to treat infantile spasms, a rare seizure disorder affecting infants.  It is also used as a life-saving last-resort for other serious medical conditions, including multiple sclerosis.

The deal was reached with the Federal Trade Commission and the states of Alaska, Maryland, New York, Texas, and Washington.  Mallinckrodt must pay the fine and allow a competitive drug alternative to be produced.  A spokesperson for the New York Attorney General Eric Schneiderman who was involved in the settlement said that Mallinckrodt’s U.S. subsidiary, formerly known as Questcor Pharmaceuticals Inc., purchased Acthar in 2001 and began to raise the price.  Acthar went from costing $40 a vial to more than $34,000 a vial, an 85,000% increase.  Today, a single dose for treatment costs well above $100,000.

Things You May Not Know About Kentucky Dog Bite Lawsuits

Kentucky is a state that takes cases involving dog bites very seriously.  Dog owners are expected to take full responsibility for their dog at all times.  Kentucky is a strict liability state which is favorable for anyone who is attacked or injured in any way by a dog.  The owner or keeper of the dog is liable for all damage to a person, property, or the victim’s pet.

It is important for all dog owners to be aware of the laws that govern the behavior of their pet.  Here are a few things you may not know about Kentucky dog bite lawsuits:

Anyone who witnesses a dog attacking another person has the right to seize and kill the dog without any liability.  The person acting in protection of the dog bite victim cannot be held responsible for any harm done to the attacking dog.

Tad Thomas Named One of Kentucky’s Top 50 Super Lawyers

At the dawn of a bright, new year already filled with excitement for those of us at Thomas Law Offices thanks to the announcement of Tad’s campaign for American Association for Justice Parliamentarian, we have a second exciting announcement to make. Our very own Tad Thomas has made 2017’s Top 50 Kentucky Super Lawyers list!

Super Lawyers is an organization that helps those in need of legal services find the most outstanding lawyers in their area by way of providing rating services for legal professionals and their peers. The Top 50 Super Lawyers lists for every state are among the most prestigious lists any practicing attorney can belong to. The organization’s patented selection process includes independent research, peer nominations, and peer evaluations. Lawyers from over 70 practice areas are selected.

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