We all read it in law school, and here it is again. The fascinating opinion by Judge Learned Hand in In re Eastern Transportation Co. (The T.J. Hooper), 60 F.2d 737 (2d Cir. 1932) reminds us that just because just an industry ignores safety practices that are readily available does…
Here is the article from today’s New York Times.
Here it is. An excerpt: Now, I recognize that it will be hard to make some of these changes if doctors feel like they are constantly looking over their shoulder for fear of lawsuits. Some doctors may feel the need to order more tests and treatments to avoid being…
The Social Science Research Network has an article available that is of interest to tort lawyers: The Decision to Award Punitive Damages: An Empirical Study. Here is the abstract: Empirical studies have consistently shown that punitive damages are rarely awarded, with rates of about three to five percent of plaintiff…
SB 2109 passed the Senate at 11:36 on June 4 and is now on its way to the Governor’s desk. The Bill passed the House (HB2233) in May. UPDATE: The Governor signed the legislation on June 11. Click here for information on the June 15 seminar on this important bill. The bill…
Maxwell Kennerly has written an excellent post titled "Contingent Fee Business Lawyers as Venture Capitalists" at his Litigation and Trial blog. An excerpt: Day in and day out, the primary thing a contingent fee law firm does is spend lots of money. In addition to all the normal costs of…
Yep. That is what Richard Fields is doing. He is the chief executive of Juridica Capital Management, an organization which runs a fund that invests in one side of a lawsuit in exchange for a share of any winnings. The company invests in commercial litigation. This article in the New…
There is a new blog in town – the Tennessee Insurance Litigation Blog. The blog is authored by Parks Chastain and Brandon McWherter. Parks typically represents insurance companies and Brandon typically represents policyholders. Great idea, gentlemen. Good luck.
The Tennessee Bar Association is sponsoring a seminar to educate lawyers on the new medical malpractice statute passed by the Senate on June 4, 2008. If signed by the Governor, and there is no reason to believe that he will not sign the bill, the legislation makes major changes in…
The Tennessee Bar Association has filed proposed changes to the ethics rules governing the conduct of Tennessee lawyers. The project represents the first effect to change the rules since tan entire new code was adopted in 2002. Read the petition of the TBA here. Read the a red-line version here.…