A defense lawyer and I were having a drink the other day and he told me that from time to time he has difficulty getting cases settled at mediation because plaintiff’s lawyers don’t have information about subrogation interests. Here are some tips to avoid such problems: At the initial client…
Toyota has a problem with some of the vehicles it has manufactured and a little over 40 days ago issued a recall of 3.8 million of them. According to Toyota, "[r]ecent events have prompted [the company] to take a closer look at the potential for an accelerator pedal to get…
A little over a week ago I wrote this post about the general rule in the law of torts that one person does not have a duty to rescue another from harm. To be sure, there are exceptions to that general rule, but the fact remains that this is one…
I have written before about the dangers of texting while driving (here is a post about the danger of posed when truckers text and drive), and the Tennessee Legislature recently outlawed the practice. Here is a game developed by the New York Times that demonstrates the danger.
There are a significant number of cases of interest to Tennessee tort lawyers pending before the Tennessee Supreme Court. One of those cases is Cox v. M.A. Primary and Urgent Care Clinic, 2009 WL 230242 (Tenn. Ct. App. 230242 (Jan. 30, 2009). The issue in the case is the appropriate…
I have written in the past about whether a plaintiff in a legal malpractice action arising out of the alleged mishandling of the plaintiff’s underlying case should have to prove not only that the firm committed malpractice and that damages would have been awarded if malpractice had not occurred but…
You know that patient safety is not a priority in a hospital when your state regulatory agency orders that cameras be installed in your operating rooms. Rhode Island Hospital has had five wrong-site surgeries since 2007. Here is how the AP described the last incident: The latest incident last month…
Penny White, Joe Riley and I are on the road again this Fall for the 2009 Justice Programs seminars. This two-day, 15-hour is designed for Tennessee lawyers who do civil litigation and who are looking for substantive continuing legal education that will help them better serve their clients. We will…
Focus groups are invaluable tools for exploring key issues in your case before taking it into the courtroom. Register for Case Plus: The Next Step in Developing and Testing Your Trial Story to benefit from not one, but three focus groups—now with extended focus group time spent on your case.…
The Commercial Appeal wrote an interesting story on medical malpractice litigation in today’s paper. Read it here. An excerpt: Nationwide, the number of payments physicians made for malpractice claims fell to 11,037 last year — the lowest figure since the National Practitioner Data Bank began tracking data in 1990. Adjusted…