The Supreme Court of Appeals of West Virginia has ruled that a products liability claim was preempted by FMVSS 205, a safety standard that it says permits vehicle manufacturers to make a choice between tempered glass and laminated glass in side windows. The court felt compelled to rely on Geier…
Here is a list of medical sites created by from Exposing Deceptive Defense Doctors by Dorothy Sims as posted here. *www.nlm.nih.gov/ This is the National Library of Medicine/National Institutes of Health, with a great search site. * www.guidelines.gov/ This is an extremely useful website. It has hundreds of protocols…
Georgia has a pattern jury instruction called the "hindsight" instruction. It provides as follows: In a medical malpractice action, a defendant cannot be found negligent on the basis of an assessment of a patient’s condition that only later, in hindsight, proves to be incorrect as long as the initial assessment…
Here is a copy of the court order in the GM bankruptcy that makes tort victims stand in line with other general creditors of the company. The discussion of successor liability issues begins on Page 50. Here is key language from Page 60 and 61: This Court fully…
Nashville is mourning the death of Steve McNair, former quarterback of the Tennessee Titans. McNair was murdered during the early morning hours of Saturday, July 4. It is not completely certain who murdered him, but news reports indicate that the police are not looking for suspects and appear to be…
Advice to Governor Mark Sanford: Remember the words of Elmer Fudd. "Shhh. Be vewy, vewy quiet."
The current Brooklyn Law Review contains this article by Ken Ross and J. David Prince provides an overview of the post-sale duty sections of the Restatement (Third) of Torts: Products Liability. The article provides an overview of the Restatement (Third)’s post-sale duty sections. In addition, it discusses relevant case law…
Last fall I wrote about the new standard for pleading in federal court announced in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Now, a new article by Andrée Sophia Blumstein appearing in the July 2008 edition of the Tennessee Bar Journal studies Twombly in more detail and…
Maxwell Kennerly’s Litigation and Trial blog is a must-read for lawyers who practice civil litigation of almost any type. His posts are timely, thoughtful, and relevant. Take this post, "’How Other Countries Judge [Medical] Malpractice,’" By A Law Professor Who Doesn’t Know Medical Malpractice Law", in which Maxwell appropriately blasts an…
Technical glitches added a couple days to the process, but Rob and the folks at LexBlog completed the transition to the new format yesterday. I hope you enjoy it.