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…
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…
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…
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…
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…
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,…
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…
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…
Here is an interview with two plaintiffs’ lawyers who are actively involved in seeking monies for tort claimants who have claims against Chrysler and General Motors. I have also included an article from www.HispanicBusiness.com that says "Fiat will be protected from any product liability lawsuits arising from claims of flaws…
I have read Judge Gonzalez’s Order of June 1 concerning the sale of substantially all of the assets of Chrysler to Fiat, and it certainly appears to me that the sale will cut off future products liability claims. Here is the key language Pages 42 – 44 of the Court’s Order.…