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…
Many plaintiff’s lawyers limit themselves to reading only legal articles written by lawyers who also represent plaintiffs. Big mistake. There are lots of good resources out there written by members of the defense bar. This article, by Richards H. Ford, is a fine example. Titled "Negligent Security: When is Crime…
My friend Kyle Hendrick from Chattanooga send in a nice comment this morning, referencing a post of over 4 years ago that, quite frankly, had completely slipped my mind. I looked it up – and here it is: The President’s daughter Jenna has written a book that she "very, very modestly"…
The American Medical Association has finally recognized the important role that lawyers play in advancing the interests of their clients in the justice system. Indeed, it has even created a "Litigation Center" to "ensure physicians’ rights are upheld in the most important challenges facing today’s working physician." Rumor has it…
The Tennessee General Assemby has made it more difficult to bring worker’s compensation cases when the injured employee tests positive for the presence of alcohol or other drugs. Under current T.C.A. Sec. 50-6-110 if an injured employee has a positive (within defined limits) blood test it is presumed that the…