The Kentucky Court of Appeals has ruled that a product manufacturer "should be estopped as a matter of law from relying on the statute of limitations by virtue of its fraudulent concealment of defects associated with its product." Plaintiffs claimed that they were injured by a defective voltage meter. The…
This post has nothing to do with torts. How is it possible that the White House, which has direct access to and hopefully control over the State Department, the Defense Department, the CIA, the NSA, and host of other agencies, possibly rely on a Web site called Encyclopedia of World Biography…
AAJ has released a report titled "The Ten Worst Insurance Companies in America." Read it here. The list: 1. Allstate 2. Unum 3. AIG 4. State Farm 5. Conseco 6. Wellpoint 7. Farmers 8. United Health 9. Torchmark 10. Liberty Mutual
I spent the last week at Rosemary Beach, Florida with my family. I took a week off from blogging and virtually everything else and did nothing. Let the blogging begin! Here is a Tort Law Tibit from June of 2005: The Manual on Uniform Traffic Control Devices is available, free…
State Volunteer Mutual Insurance Company , the doctor-owned medical malpractice insurance carrier, continues to enjoy profitability, according to my review of its 2007 Annual Report that was recently filed with the Tennessee Department of Commerce and Insurance. A few highlights: * Surplus, the insurance industry equivalent of net worth, increased…
What is the name of the case that tells us that violation of a statute is negligence per se? Cook By and Through Uithoven v. Spinnaker’s of Rivergate, 878 S.W.2d 934, 937 (Tenn. 1994). What about the violation of a regulation? Long by Cotton v. Brookside Manor, 885 S.W.2d 70,…
Tortsprof Blog has been kind enough to let us know that Directorship has released its second annual Boardroom Guide to State Litigation Climates. According to the Guide: Directorship’s Best and Worst States for Business The 10 Best 1. Tennessee 2. Utah 3. Indiana 4. Ohio 5. North Dakota 6. North…
Harris Interactive conducted a online poll about jury service in December 2007. The findings include the following: * "Two-thirds (65%) of Americans have been called to serve jury duty, two-thirds of that (68%) actually attended, leaving one-third (32%) who did not. * Of those who have attended jury duty, just…
As a 51 year old man happily married to a beautiful, intelligent 37 year old woman, I confess I don’t spend a lot of time thinking about thongs. I also confess that it never crossed my mind that a person wearing a thong could ever suffer a personal injury from…
The Tennessee Supreme Court has issued an opinion interpreting Rule 35 of the Tennessee Rules of Civil Procedure. Rule 35 is the rule the permits a party to have a physician of the party’s choice examine the adverse party. Unfortunately, it is often referred to as an independent medical examination, and…