A new report issued by the Tennessee Department of Commerce and Insurance re-affirms what everyone in the state knows: further restrictions on patient rights are not necessary in Tennessee. The doctors (and occasionally the hospitals) have beat the tort reform drum for over thirty years, seeking further restrictions on the rights…
Day on Torts
Article from North Carolina
I think you will enjoy this article from the on-line version of the Fayetteville, North Carolina newspaper. A few excerpts: "Annual statements of Medical Mutual Insurance Co. of North Carolina filed with the N.C. Department of Insurance from 2001 through 2006 were studied and evaluated by former Missouri Insurance Commissioner…
E-Discovery Article
Here is an interesting article written by Mark Berman that I found on Law.com. The first few paragraphs: "Electronic discovery, even more so than traditional paper discovery, offers the opportunity to burden unduly an opposing party with overbroad discovery requests, and three recent New York State court decisions have addressed…
Book Website Available
The book website is up and running — www.dayontortsbook.com. Several people received advance copies of the "selected cases" portion of the book and were kind enough to write down their impressions for me to use in a brochure that you will receive any day now. Those comments are as follows:…
Pizza Contaminated with E-coli
General Mills Operations, a Wellston, Ohio, establishment, is voluntarily recalling approximately 3.3 million pounds of frozen meat pizza products because they may be contaminated with E. coli and may be linked to an outbreak of E. coli O157:H7 illnesses, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced…
New Book
This is an update on my new book, Day on Torts: A Handbook for Tennessee Tort Lawyers. The book has been printed and is being shipped today from Florida. I will have it Friday afternoon. I already have orders for the book and will start shipping on Monday. The new…
The Price of Not Playing By the Rules
The risks of pushing through the envelope at trial are discussed in this opinion from the Ohio Supreme Court: "In addition to the excessive damages given under the influence of passion or prejudice, the trial court detailed the misconduct of McLeod’s counsel. Civ.R. 59(A)(2). The court described counsel’s conduct as “discourteous”…
Getting Emails into Evidence
You have the smoking gun email. Now, what do you do with it? The law of discovery, good old fashioned hard work and a little luck can lead to fantastic evidence. But great evidence in your briefcase doesn’t win cases at trial – you have to know how to get that evidence…
Who Says The Law Cannot Be Fun?
A judge responds in verse to a claim from a prisoner that he was not provided with a proper diet. The prisoner included a hard-boiled egg as an exhibit. Thanks to Trial Ad Notes for informing me of the Order.
Hail Mary Pass?
Pacman Jones, a true embarrassment to Nashville, the Titans, the NFL, and his family, has been sued for his alleged misconduct in Las Vegas which is said to have resulted in the paralysis of a man. I do not pretend to know the facts, do not want to take one second of my life to learn…