My article on the new medical malpractice notice and certificate of good faith legislation (which goes into effect today, July 1) made the cover of the July edition of the Tennessee Bar Journal. Here is the article. Anyone who practices in the field of medical negligence needs to become familiar…
Day on Torts
GM Will Reman Liable for Future Products Claims
The New York Times reports that General Motors wil not be let off the hook for future products liability claims when it emerges from bankruptcy.
Closing Argument Requires Reversal
The United States Court of Appeals for the Tenth Circuit has reversed a $2.4 million jury verdict for the plaintiff because of misconduct by plaintiff’s counsel during closing argument. In the words of the Court: "We are compelled to reverse and remand for a new trial because of pervasive and…
John, Where Have You Been?
Nowhere. Nowhere different, anyway. But I have not been blogging because, as you can see, the look of my blog has been changed with the assistance of the great folks at Lexblog. The transfer of information and the final set-up on the blog takes a couple days, meaning that I could…
“Other Bad Act” Evidence in Medical Malpractice Cases
Sometimes a lawyer representing a patient in a medical malpractice trial may want to introduce evidence of "bad acts" of a health care provider or a provider’s expert witness. This article from the Medical Malpractice Newsletter published by the Hinshaw & Culbertson tells us how the defense is going to…
Study on Impact of Chrysler and GM Bankruptcy on Future Wreck Victims
A report from Safety Research & Strategies called "Public Safety at Risk: Bankruptcies Leave Legacy of Defects, Injuries and Deaths" projects what will happen now that there will be 30 million GM and 10 million Chrysler products still on the road after bankruptcy agreements cancel the ability for accident victims to seek compensation…
Luvera on Direct Examination
Paul Luvera does it again, this time with a nice post on conducting direct examinations on his blog. Plaintiff Trial Lawyer Tips An excerpt: Evidence is like an iceberg. The bottom below the surface may be enormous, but only the tip is can be seen above the water line. That’s how…
ACOG Changes FHR Monitoring Guidelines
From ACOG’s Press Release: Refinements of the definitions, classifications, and interpretations of fetal heart rate (FHR) monitoring methods were issued today in new guidelines released by The American College of Obstetricians and Gynecologists (ACOG). The objective of the guidelines is to reduce the inconsistent use of common terminology and the…
Depositions of Expert Witnesses
What is your opponent going to do to prepare for your expert’s deposition? This article, "The Opponent’s Expert: Preparing for the Most Important Deposition in the Case," 59 Fed’n Def. & Corp. Couns. Q.145 (2008), answers that question.
A Wonderful Way to Spend A Saturday
It doesn’t sound particularly appealing. Leave Memphis Friday afternoon. Drive to Nashville. Pack a new bag. Catch a flight to Charlotte. Race through the airport from Gate E35 to B3. Catch a flight to Mrytle Beach. Catch a 45-minute long shuttle to a North Carolina resort. Carry your bag up the…