In medical negligence cases in Tennessee there is often a dispute about whether the plaintiff can recover the amount of the medical charges or the amount actually paid by the private insurer or governmental entity like Medicare. This is a recent brief on the subject prepared by Brandon Bass, a…
The Alabama Court of Civil Appeals has ruled that the common fund doctrine applies to the determination of the payment of attorneys’ fees when monies for payments made under medical payments coverage are collected in a personal injury case. In Mitchell v. State Farm, No 2100184 (Ala. Civ. App. 10/7/11),…
The old "every dog gets one free bite" rule was severely limited as a result of legislation enacted by the Tennessee General Assembly several years ago. In fact, the new law works to protect motorcyclists and bicyclists, too. Here are the new rules: 44-8-413. Civil liability for injury caused by dogs. …
The Doctor’s Company sells medical malpractice insurance to doctors. In 2010, it conducted 525 patient safety site surveys. The surveys were conducted across a range of practice environments around the country—from small office practices to large integrated delivery systems, hospitals, and outpatient facilities, such as surgery centers. The survey found…
"Trial Lawyers Care" was created to help 9/11 victims advocate for benefits from the Victim Compensation Fund. It brought out the best of AAJ and its members. This article does a nice job explaining the work that was done and the thoughts of some of the participants.
Amy Alkon, the Advice Goddess, had a bad run-in with a TSA agent. Of course, we have no legal right to hold the TSA or its agents accountable for acting like complete and total jerks, so she wrote about her experience. As only a writer could write. And, God love…
Sounds outrageous, doesn’t it? A guy kills his mother and then the Georgia Supreme Court says he has a right to sue his psychiatrist for inappropriate psychiatric treatment that gave rise to the death of his mother. It is outrageous only if you know nothing about either law or…
There has been lots of discussion about those responsible for the tragedy that occurred on August 13, 2011 at the Indiana State Fair, where multiple people died and many others were injured after a stage collapsed at a concert. At last count, seven people died and another 40 people were…
Interested in the circumstances under which a general contractor can be held liable for the acts of a sub-contractor? Here is my article on one aspect of the subject in the TBA Journal.
The California Court of Appeals explored the issue of the responsibility of an insurance agent is the case of Williams v. Hilb, Rogal & Hobbs Ins. Services of California, Inc., 177 Cal.App.4th 624, 98 Cal.Rptr.3d 910 (2nd Dist. 2009). Insurance agents like to argue that they do not have a duty to…