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…
Day on Torts
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…
Covenants Not to Compete
Here is a link to a blog on covenants not to compete – a fascinating area of litigation. Tennessee has a lot of law in this area, and a recent Tennessee Supreme Court case on the subject was essentially reversed by a new statute. If you do this type of…
New Business Tort Blog
B2B tort litigation is a growing phenomena, as big firm lawyers start to think outside of the box. Here is a new blog dedicated to the subject –Unfair Business Practices. The blog focuses on unfair business and trade practices such as business conspiracy, breach of fiduciary duty, misappropriation of trade…
Bloomberg Article on Medical Liability Reform
"Malpractice Lawsuits Are ‘Red Herring’ in Obama Health Plan" is the title of this article from Bloomberg. Am excerpt: While Obama vowed to address physicians’ malpractice worries in a speech yesterday, the annual jury awards and legal settlements involving doctors amounts to “a drop in the bucket” in a country…
More On Products Claims Against Chrysler and GM
The National Law Journal has this article on the future of products liability claims against Chrysler and GM. The United States Supreme Court has not yet ruled on the petition of consumers and plaintiffs’ lawyers concerning the Chrysler bankruptcy. Chrysler has 160 pending cases and GM has about 300.
The T. J. Hooper Case
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…
NYT Reports President Is Talking About Restricting Med Mal Suits
Here is the article from today’s New York Times.