Well, it ain’t much, but the Tennessee Legislature has fixed one small problem with the tort reform legislation that impacts all tort cases arising on or after October 1, 2011. The original legislation included a provision that required all future damages to be broken down "on an annual basis" for…
The fungal meningitis outbreak discovered in Nashville and now spread to other states (Minnesota, Ohio, Florida, North Carolina, Indiana, Michigan, Virginia and Maryland) will shed new light on compounding pharmacies and epidural steroid injections. But it will also shed a light on the tort reform statutes that placed limitations on the…
Eric Turkewitz, a plaintiff’s personal injury lawyer in New York, wrote about it first. He told us about a plaintiff’s lawyer in New York who sought $30,000,000 for damages to a child who lost part of his ear lobe after a dog bite. Eric was upset because this "courtroom bulldog…
Tennesse law limits damages that may be recovered in personal injury and wrongful death cases. The limits apply only to cases that arise from events that occur on or after October 1, 2011. Medical expense and lost wages claims are not limited. However, damages for pain, suffering, disfigurement, disability, loss of enjoyment…
You cannot try to murder your ex-wife and then avoid a judgment against you for compensatory or punitive damages by filing bankruptcy. The Court of Appeals for the Seventh Circuit rejected the effort of David Larsen to use the bankruptcy system to avoid his financial obligation to his former wife. …
"Lost earning capacity is not a difficult concept to understand, but our friends in the defense bar sometimes are able to confuse judges and juries about what it means. The United States Court of Appeals for the Sixth Circuit confronted in issue recently in a case involving Ohio tort law,…
We all know that the services provided by homemakers have a substantial value, but this article from Vestopedia puts some numbers on it. The author notes that " The life of a homemaker is one that includes an endless amount of demands and to-dos. Depending on the size of the…
The California Supreme Court has ruled that a tortiously injured person who receives medical care for his or her injuries may recover medical expenses only in the amount that the plaintiff’s health insurer paid, not the amount charged by the health care provider but later reduced by a contract between…
The Tennessee Court of Appeals has ruled that if it is undisputed that the defendant caused circumstances requiring diagnostic tests to rule out injuries, and the undisputed evidence shows that those tests were reasonable and necessary, a trial court cannot affirm a jury verdict of $0 damages. The trial court…
Ronald Miller has a fascinating post on his The Maryland Injury Lawyer Blog about the value of knee injury cases Here is an excerpt: According to a recent Jury Verdict Research study over the last ten years, the average verdict in a serious knee injury case is 359,149. The median knee…