Bill Marler has shared this summary of the new food safety legislation with us. Bill actively worked to get this bill passed. · S. 510 is intended to respond to several food safety outbreaks in recent years by strengthening the authority of the Food and Drug Administration (FDA) and redoubling…
Day on Torts
How to Wrap-Up a Cross-Examination
Once again, I feel compelled to share the good work of Elliott Wilcox at Winning Trial Advocacy Tips. Elliott reminds us that we lose the power of an effective cross-examination when we convene with co-counsel and the end of good cross. He offers this tip: To take advantage of recency during…
Jurors on the Internet
The Internet provides all of us easy access to information, and it is no surprise to anyone that jurors are going there to get data during trials. This article from MSN reveals that "Reuters Legal, using data from the Westlaw online research service, a Thomson Reuters business, compiled a tally…
Federal Judge Rules That Certificate of Good Faith Must Be Filed in FTCA Med Mal Cases
Judge Mays of the United States District Court in Memphis has dismissed a medical malpractice case filed against the United States under the Federal Tort Claims Act because the plaintiff did not file a certificate of good faith as required by T.C.A. Sec. 29-26-122. Judge Mays held that the federal…
Office Move
After 10 years and almost 3 months in the same location, our firm is moving to a new office. The new address is 5141 Virginia Way, Suite 270, Brentwood, Tennessee 37027. The phone number remains 615.742.4880. Our landlord needed our space for the expansion needs of another tenant and gave…
Client Money in Lawyer’s Trust Account Held To Be Asset of Client
The Oregon Court of Appeals has ruled that client money held in a lawyer’s trust account can be counted as an asset for purposes of determining whether the client is eligible for Medicaid benefits. The case is Dorszynski v. Department of Human Services, Case No 20071851 (Oregon Ct. App. October 27,2010).…
Another Take On Litigation Funding
A couple weeks ago I wrote a post about the spread of litigation funding to divorce cases. Jordan Furlong has written a very interesting post on litigation funding and, in doing so, raises some real concerns about the future of the legal profession. An excerpt: The fact that third-party litigation…
Plaintiff Can Recover Full, Undiscounted Medical Bills in Colorado
The Colorado Supreme Court has rejected a challenge to the collateral source rule and has ruled that a plaintiff may recover the full, not discounted, amount of medical bills in a personal injury case. In Volunteers of America Colorado Branch v. Gardenswartz, Case No. 09SC20 (Col. Nov. 15, 2010) the court explained…
Juror Mistake Costs Plaintiff Money
Here is yet another example of an error in calculations by a jury that resulted in a less-than-intended verdict. According to jury verdict expert Shannon Ragland this is a frequent occurrence. How do you protect your client from a similar result? First, make sure the jury understands that…
Litigation Funding – Its Not Just For Tort and Commercial Litigation Cases Anyone
The world of litigation funding has now found its way to divorce litigation. Here is another article in the same series that reveals the role of litigation funding in tort and commercial litigation cases.