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Day on Torts

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Causes of Truck Accidents in Tennessee

What causes truck wrecks?  According to Ron Miller, a trial lawyer in Maryland, the Federal Motor Carry Safety Administration’s 2006 report shows  there are approximately 141,000 truck crashes every year. In 77,000 of these truck accidents – more than half – fault was attributed to the truck driver. Ron’s post at…

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More Data on Rising Insurance Rates for Doctors

Amercicans for Insurance Reform have released a report that demonstrates that the "insurance crisis that hit doctors between 2001 and 2004 was not caused by claims, payouts or legal system excesses as the insurance industry claimed." Rather, this report concludes as follows:  "Inflation-adjusted payouts per doctor not only failed to…

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A “Recreational Use” Statute Decision out of Kansas

In Lane v. Atchison Heritage Conference Center, Inc., No. 94634 (March 16, 2007),  the Kansas Supreme Court held that "mmunity from liability under the recreational use exception to the [Kansas Tort Claims Act] does not depend upon the "primary use" of the property but rather depends on the character of…

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The Rules of Cross and Argument

The penalty for violating the rules of cross-examination and closing:  reversal. Here is how the Court described the violation: "the cross-examination of [defense expert] Dr. Ramirez went beyond permissible grounds on the issue of bias and amounted to a prohibited attack on Dr. Ramirez’s character when plaintiff’s counsel repeatedly argued…

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Another Story Out of the Justice Department

Watch this story  from the Washington Post increase the heat on the Justice Department, folks.  There will be hearings on this, without a doubt. A sample:  "The leader of the Justice Department team that prosecuted a landmark lawsuit against tobacco companies said yesterday that Bush administration political appointees repeatedly ordered…

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Arkansas Strikes Down Part of Certificate of Merit Legislation

The Arkansas Supreme Court struck down that portion of legislation requiring a plaintiff in medical negligence cases to file affidavits of merit in medical malpractice cases within 30 days of filing the complaint or face dismissal of plaintiff’s complaint. The Court ruled that the statute imposed a requirement for commencement…

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