Texas passed an extensive anti-patient reform of its medical malpractice laws in 2003. How’s it going for them? Public Citizen says that "while litigation over malpractice in Texas has plummeted since the caps were imposed, residents of Texas (except for people with financial connections to liability insurance companies and, to…
Day on Torts
Applying the Duty of Good Faith and Commercial Reasonableness to Silent Consent Clauses
There are two things wrong with this post. First, it is not directly about tort law – it is about contract law. And this is supposed to be a blog about tort law. So perhaps this post shouldn’t be here. Second, this post is about a victory our firm had…
Response to AggieSpirit
Aggie Spirit took exception to my suggestion that Herman Cain encourage the NRA to waive the confidentiality provisions of the settlement agreements with the women who lodged sexual harassment charges against him. This was AggieSpirit’s comment:: I am sure your position as a trial lawyer (and likely member of ATLA)…
New York Court Limits Access to Facebook Data
A New York Appellate Court has ruled in Patterson v. Turner Construction that a defendant in a personal injury case does not have an unfettered right to access the plaintiff’s Facebook account. Instead, the defendant can seek only to that which is “relevant, in that it contradicts or conflicts with…
Verdict Affirmed in Table Saw Injury Case – Saw Lacked “Saw Stop” Technology
Table saws are dangerous – but they don’t have to be. Stephen Gass developed technology called "Saw Stop" that prevents cuts and amputations when using table saws and other types of saws. Read this white paper to see how the Saw Stop system works. This video describes the system and…
Tragic Wrongful Death Case Arising Our of Plane Crash Correctly Decided
A man with a student pilot’s license crashed into a home, killing himself and his minor daughter. The deceased child’s mother brought suit against the local aviation board and others for permitting him to take off in the plane despite the absence of a pilot’s license, seeking damages for the…
Herman Cain and Secret Settlements
Herman Cain has been accused of sexual harassment. He denies the allegations. What about the women who asserted the claims? The ones who allegedly received money from the National Restaurant Association, Mr. Cain’s employer at the time? What do they say? Apparently, they aren’t saying anything because as a condition…
Day on Torts: 2000 Entries
Yesterday I posted my 2000th entry on this blog. 2000 posts in 78 months – this blog started in the Spring of 2005. I celebrated by writing five posts for the coming week. Thanks for reading.
Republicans and Their Never-Ending Efforts To Find Jobs for Our Citizens
You have to give the Republican Party credit – they are working hard to create jobs for those who are out of work. In Tennessee, for example, the right to trial by jury was limited for every Tennessean so that somebody somewhere could get a job. The right that citizens…
Using PowerPoint At Trial? Watch This.
PowerPoint is a useful tool at the trial of personal injury and wrongful death cases. However, there is a right way and wrong way to use it. This video by Don McMillian points out some of the errors one can make in the use of PowerPoint. Does this…