Ken Shigley from Atlanta offers an interesting post concerning his research into and thoughts about some of the lawyers who advertise in his community. He starts his post with these words: As a serious personal injury attorney in Atlanta, Georgia, I am frankly embarrassed by the inundation of billboards and…
Day on Torts
SCOTUS Rules That W.Va. Chief Justice Should Have Recused Himself
The Supreme Court of the United States has ruled that the Chief Justice of the West Virginia Supreme Court should have recused himself in a case involving the company of a man who ran $3,000,000 of ads in favor of the judge’s election. Read the opinions here.
Seminar on New Medical Malpractice Litigation
The Tennessee Bar Association is sponsoring a seminar to educate lawyers on the new medical malpractice statute passed by the Senate earlier today. 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 medical malpractice…
Effect of Tort Reform Legislation
Walter Olson at Point of Law shares a study from the Pacific Research Institute on the effect of various tort reforms. The study, was authored by Nicole V. Crain, W. Mark Crain, Lawrence J. McQuillan, and Hovannes Abramyan, and is titled "Tort Law Tally: How State Tort reforms affect Tort…
Medical Malpractice Filings Dropping
The requirement of pre-notice and a certificate of good faith (T.C.A. Sec. 29-26-121 and 122) has had a significant effect on filings of medical malpractice cases. From October 1, 2008 (when the new law came into effect) until April 30, 2009 there were only 111 medical malpractice cases filed in…
SCOTUS Reverses Tennessee FELA Case
The U.S. Supreme Court reversed a Tennessee Court of Appeals case on the proper instruction to the jury in an FELA case when the plaintiff is seeking damages for fear of developing lung cancer. The worker alleged that his work exposed him to asbestos, which caused asbestosis. He sought pain and…
More on GM and Chrysler Products Claims
Here is an article from The Hill that gives more information on how existing products liability claims against GM and Chrysler will be handled. Bottom line: claimants will be unsecured creditors, and will be thrown into the pot with all of the other unsecured creditors. Of course, to the extent…
New Medical Malpractice Notice and Certificate of Good Faith Bill Passes Senate
SB 2109 passed the Senate at 11:36 and is now on its way to the Governor’s desk. The Bill passed the House (HB2233) in May. There is no indication that the Governor will not sign the legislation. The bill dramatically changes the law that came into effect just last October 1,…
Seminar on New Medical Malpractice Legislation
The Tennessee Bar Association is sponsoring a seminar to educate lawyers on the new medical malpractice statute passed by the Senate earlier today. 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 medical malpractice…
Man Sues Strip Joint
Stripper allegedly kicks patron in the head. Strip joint manager says dancer kicked him after he "violently slapped … her buttocks." The stripper did not return calls to WPTV, the Florida TV station that reported this story. Patron claims permanent injury and sues strip joint. There is no indication whether the…