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…
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…
"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…
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.
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…