ABC News reports that Dr. Frank Ryan, the surgeon who performed extensive plastic surgery early this year on Heidi Montag, was sending a Twitter message about his dog before his fatal car crash Monday in Los Angeles. The dog, who was in the car at the time of the crash, survived…
New Jersey has a well-developed body of case law on the issue of spoliation of evidence. Tartaglia v. UBS PaineWebber, Inc., 961 A.2d 1167 (N.J. 2008) sets forth the history of the development of the law in the state. On August 3, 2010 the Supreme Court of New Jersey issued yet…
All lawyers know that judges don’t like discovery disputes, and some lawyers take advantage of that by violating the rules at depositions. United States Magistrate Peggy A. Leen entered this Order when confronted with lawyers who ignored the rules. An excerpt: The exchanges related in excruciating, repetitive detail in the…
There are more and more tort cases arising after criminal acts, and one might forget that the State of Tennessee has subrogation rights to monies received in the later tort action. T.C.A. Section 29-13-113 grants the state a subrogation right in proceeds recovered by the victim in a later torts…
If you have a potential claim for professional misconduct against a therapist for sexually abusing or inappropriately touching a patient, don’t forget that Tennessee has a special act for such torts. The act is known as the "Therapist Sexual Misconduct Victims Compensation Act." It is codified at T.C.A. Section 29-26-201…
Thanks to each of you who has ordered the third edition of Day on Torts: Leading Cases in Tennessee Tort Law. Hundreds of books have been shipped in the last two months and orders are continuing to flow in. Day on Torts identifies more than 300 Tennessee tort law subjects…
Today (August 4) I will be speaking on behalf of the Nashville Bar Association about various tort and civil procedure topics that cause lawyers to lose sleep. The title of the speech is " KEY PRACTICE STRATEGIES FOR TORT LAWYERS: SOLVING ISSUES THAT KEEP YOU UP AT NIGHT." The program qualifies…
The government of Thailand wants to have a scheme to compensate victims of medical malpractice. Many Thai doctors are opposed to the law. Here is an argument made by the physicians, as reported in Taiwan News: It means our staff would have to be extra careful during work, which would…
This post is part of our continuing effort to advise Tennessee lawyers about substantive law changes resulting from the actions of the General Assembly. Public Chapter 865 sets forth maximum charges to lawyers (and presumably others) for obtaining medical records. Here are the maximum charges: The party requesting the patient’s records…
This post is part of our continuing effort to advise Tennessee lawyers about substantive law changes resulting from the actions of the General Assembly. Public Chapter 858 sets forth a procedure for helping injured workers obtain medical benefits they are entitled to receive after a judgment or settlement of a…