The high court in West Virginia has refused to vacate legislation that placed a cap on damages for non-economic loss in medical negligence cases. In McDonald v. City Hospital, Inc., No. 35543 (W.Va. 6/22/2011) the court ruled that the West Virginia Constitution did not limit the power of the Legislature…
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…
Plaintiff Trial Lawyer Tips has this wonderful post on the injecting basic safety principles into cross-examination. An excerpt: ELIMINATING OR MINIMIZING RISK OF SERIOUS INJURY OR DEATH 1. TRUE THAT [defendant company] SHOULD HOLD PARAMOUNT THE SAFETY AND HEALTH OF IT’S WORKERS? 2. AGREE WITH THE PROPOSITION THAT: ANY…
Steve Frederick had trial consultant Becky Jones (of Modlin and Jones) share 10 tips on trial presentations. Here they are: Don’t ramble. Get to the point. Be concise. Don’t keep repeating what other witnesses have said. When every fact is repeated, no fact is important. Be assertive without being offensive…
When a new lawyer decided to try his first case by defending a man accused of murder, it is no surprise to any lawyer with a room-temperature IQ that things would not go well. At all. So, when a mistrial was declared in the case based on the lawyer’s ineptness,…
Here is a copy of the signed major tort reform legislation in Tennessee. The legislation changes venue rules, places caps on damages (compensatory and punitive), and changes the substantive law in products and consumer protection cases. More details later.
I know it is not a tort case, but this post from Law and Disorder reports on what can happen before the Seventh Circuit Court of Appeals when you don’t have your damages proof in proper order. An excerpt "I have never seen such an incompetent presentation of a…
John Stossel is a Fox News reporter ( I use the word "reporter" lightly, especially in conjunction with Fox News) who dislikes lawsuits and the lawyers who file them. Except when he finds it necessary to file one. Like he did when he was bitch-slapped by a wrestler. Eric Turkewitz…
"Death by Medicine" is a report by Gary Null, PhD; Carolyn Dean MD, ND; Martin Feldman, MD; Debora Rasio, MD; and Dorothy Smith, PhD. The report reveals that "that the total number of deaths caused by conventional medicine is an astounding 783,936 per year. It is now evident that the American…
Regular readers know that I am a Max Kennerly fan. He does it again with post titled "The Truth Self of The Plaintiff’s Trial Lawyer." An excerpt: Trial lawyers walk into court with plans, backup plans, and with training and experience in various techniques and methods. Trial, though, has a…