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…
Day on Torts
John Stossel: ” I’d Rather Sue Than Fight”
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
"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…
Max Kennerly Does It Again
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…
Negligent Security at Hotels, Motels, Apartment Complexes and Other Places
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…
A Look Back: “Very, Very Modestly”
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"…
American Medical Association Applaudes Lawyers and Use of The Justice System
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…
Tennessee Legislative Update 2011 – Worker’s Comp Legislation
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…
Smoking Gun Memo Shows Up in Asbestos Trial
The Asbestos Law Journal has this great post on a huge asbestos verdict in Mississippi a short time ago. The blog notes that "part of why the jury did so may be because of a handwritten note that indicates one of the defendants engaged in a cost-benefit analysis that concluded…
The Scope of Expert Testimony in Tennessee
The Tennessee Bar Journal has published an article I wrote concerning the permissible scope of expert testimony. The article discusses the decision of the Tennessee Court of Appeals in Holder v. Westgate Resorts Ltd.. Here is the majority opinion and here is the concurring / dissenting opinion of Judge Susano.…