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Day on Torts

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Fourth Circuit Remands Case That Slashed Contingent Fee

The Court of Appeals for the 4th Circuit ordered a district judge to re-consider the fee to be awarded to plaintiff’s counsel in a personal injury case that resulted in a $18M dollar settlement.  The district court had cut the fee from $6M to $600,000. The appellate court concluded that…

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Tennessee Trial Judge Statistics

The Tennessee Administrative Office of the Courts has released a database that allows the public to see what number of cases were closed in each judicial district and by each of the trial judges in the state.  The database allows searches by judicial district or by judge. When a judge’s…

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Ohio Permits Evidence of Write-offs Of Medical Bills

The Ohio Supreme Court has ruled that a defendant in a personal injury action may introduce evidence that plaintiff’s health care provider "wrote off" certain medical charges for care given to the plaintiff. The plaintiff was billed $21,874.80 for care received in the accident.  His health insurer paid $7.483.91 of…

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Gulf Oil Spill: The Impact of Damage Caps Will Be Felt By Tens of Thousands

You haven’t seen much about it in the press yet,  but BP has the benefit of a cap that will probably limit its liability for the oil spill in the Gulf.  Section 1004 of the Oil Pollution Act (OPA), passed into law in August 1990 after the Exxon Valdez incident, limits…

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