The Senate Judiciary Committee has just voted to reject a bill that would have allowed corporations and other employers to escape responsibility for punitive damages based on the reckless conduct of their employees. SB2637 by Republican Senator Brian Kelsey (House version by Republican Rep. Vance Dennis), Tennessee would have held…
The 6th Circuit Court of Appeals has sent a clear signal on what the federal courts in Tennessee and the other states that comprise the 6th Circuit should look at when reviewing a Daubert challenge to expert testimony. In Newell Rubbermaid, Inc. v. The Raymond Corporation, No. 10-3912 (6th Cir.…
Medical malpractice case filings were up last year but are still below the filings for the year when the first tort reform hit medical malpractice cases. October 1, 2008 was the date that pre-suit notice and certificates of good faith became required. In the year before the law change, 646…
The Tennessee General Assembly has now placed arbitrary caps on damages in personal injury and wrongful death cases. And the House of Representatives just passed HR 5, which placed a caps on damages in medical malpractice cases. But how does the federal government value life when weighing regulatory burden? The…
Don Maciejewski has published an article entitled "Dealing With Difficult Opposing Counsel – How to Tame "Rambo’" in the January / February 2012 edition of Litigation Commentary & Review. Don includes 13 helpful hints on how to deal with jerks. As he correctly notes, "Rambo is probably well-skilled in lying…
The Sixth Circuit Court of Appeals has reversed a district court’s finding that an expert witness was not qualified to testify on behalf of a plaintiff in a health care liability action, relying on Shipley v. Williams, 350 S.W.3d 527 (2011). In Bock v. University of Tennessee Medical Group, Inc.,…
Generally speaking, these are the rules for who may file a wrongful death lawsuit inTennessee: A lawsuit for the death of a husband can be filed by his wife, his executor or the administrator of his estate. A lawsuit for the death of a wife can be filed by her…
"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,…
The Republican dominated House of Representatives has passed HR 5, a tort reform bill designed to make it more difficult for patients to pursue medical malpractice cases. The bill passed 223-181. Ten Republicans voted against the legislation, and 7 Democrats crossed over to support the Republicans. Four Republicans voted "present."…
A truck driver who negligently caused a car wreck on an interstate highway cannot be held responsible for an accident occurring four hours later in traffic backed-up because of the original crash. In Blood v. VH-1 Music First, No. 09-399 (7th Cir. Feb. 9, 2012), the appellate court affirmed a…