The Oregon Supreme Court has released a fascinating opinion on expert testimony. The Court stated that the Plaintiff experienced symptoms of pain, swelling, and discoloration in her left hand immediately after injection of a chemical called gadolinium; her pain and the discoloration have continued. At trial, plaintiff proffered the testimony…
After over 13 years,165 editions, and no less than 1500 printed pages, I have resigned from my position as the Editor of the Tennessee Tort Law Letter." The September 2008 edition, mailed a couple days ago, is my final edition. I will be taking one month off and then will launch a…
I am Columbus, OH today speaking an Ohio Association for Justice seminar program. The hotel where I am staying is right down the street from the Ohio Supreme Court building. It is appropriate, then, that I write about a new opinion handed down by that court on the issue of…
The Mississippi Supreme Court accepted review of a case where the plaintiff failed to attach either an attorney’s certificate of consultation, or an expert disclosure in lieu of the certificate, as required by Mississippi Code Annotated Section 11-1-58 (Rev. 2007). The question is whether that fact required a dismissal of the…
Paul Luvera is a highly-regarded trial lawyer from Seattle. His blog has this great post on slogans (read: themes) for trying product liability cases for the plaintiff.
Do you have an e-discovery issue? Look to this database, which has over 1000 cases on the issue from state and federal courts, for assistance. Thanks to K&L Gates for compiling and maintaining this resource.
The Saturday Night Live video.
Smart defense lawyers know that sometimes the best defense is to admit liabilitiy and talk about damages. This article – "Defending the Damages Only Case" – is written by Mercer Clark of Miami. It appeared in the Winter 2008 edition of the Federation of Defense & Corporate Counsel Quarterly. Defense…
The Tennessee State Board of Medical Examiners has a policy about prescribing drugs. It applies to any prescription written for a patient, whether in person, electronically, or over the Internet. The policy includes the following: (1) Except as provided in paragraph (2), it shall be a prima facie violation of…
We all know that Medicare and Tenncare has a subrogation right in PI and wrongful death cases, but new information being sought by Medicare has lead some lawyers to believe that Medicare will now be looking at case proceeds for payment of future medical bills. The Medicare, Medicaid and SCHIP Extension…