My wife Joy and I are pleased to announce the birth of our daughter, Kaitlin Irene Day, yesterday at 2:41 p.m. at Baptist Hospital in Nashville. Kate weighed in at an unbelievable 10 pounds, 9 1/2 ounces and is 21 an 3/4 inches long. She began riding a tricycle last…
How much transparency should there be in health care? In commerce in general? Senator Grassley wants transparency in medicine – he has introduced legislation that is designed to require drug companies to disclose what they pay doctors. Read about the legislation in this article from the New York Times. The…
I wrote on July 30 about a decision from the 10th Circuit Court of Appeals that addressed the issue of the effect of the failure of a plaintiff in a personal injury action to disclose the existence of the claim on a bankruptcy petition and the failure to disclose the claim during…
A complaint against the State of Tennessee has just been dismissed because the plaintiff alleged that a state trooper may have committed negligence but did not affirmatively allege that the trooper was negligent. The Court of Appeals affirmed the dismissal stating that it did not state a cause of action. The…
Judge Keeton, co-author of Prosser and Keeton on Torts, died July 1, 2007 in Cambridge, Massachusetts. Keeton was a professor at Harvard and later became a federal district judge. He was 87.
Investigations following the collapse of the bridge in Minneapolis will tell us how it occurred and whether anyone bears responsibility for the failure. In Tennessee, it would be very difficult for a case to be brought the most obvious potential defendants. Our state and local governments have a damage cap that make…
The Wisconsin Supreme Court has ruled that a plaintiff is entitled to prove the full amount of medical charges, despite the fact that plaintiff’s insurer actually paid a less amount. The lesser amount cannot be used to prove that it is the "reasonable" value of the services. This is how…
This post has nothing to do with torts, except perhaps the tort of outrage. But I read about this op-ed piece in Trial Ad Notes, and thought that at least some of you would enjoy it. John Koppel, who has served at the Department of Justice for over 25 years, doesn’t…
It is not uncommon for plaintiffs in personal injury cases to get into financial problems. Medical bills need to be paid and the injured person’s income is often disrupted and may be nonexistent. But, this opinion makes it clear that the failure to disclose the existence of the pending personal…
Charlie Weis, the head coach of the Notre Dame football team, lost the medical malpractice case he filed in Massachusetts. The lawsuit arose out of gastric bypass surgery Weis had in June of 2002. According to this article posted on www.boston.com, "Weis, 51, who became ill after the operation, alleged…