The Tort Deform Blog is offered by the Drum Major Institute of Public Policy. They say that they blog "confronts and transcends the arguments put forth by the tort ‘reform’ movement, working to ensure that all Americans can access the courts." The blog is well-written and provides a lot of information…
Donald Matthews fell off a "loft" bed (similar to a bunk bed) and hurt his shoulder. He sued the manufacturer of the bed, saying that he should have been warned about the risk of falling. Oh yeah, by the way, he was a senior. In college. (His GPA at the…
We had our hearing on the subrogation issue mentioned in last Friday’s post. Judge Bivins ruled that the made-whole doctrine survived the adoption of no-fault insurance in Michigan and also found that our clients were not made whole from our prior settlement with the defendants. Accordingly, he declined to enforce the…
Mark Zamora (of A Georgia Lawyer ) and David Swammer (of the South Carolina Trial Law Blog) have been working on a group blog for nearly a year and went live about ten days ago. It’s called the Trial Lawyer Resource Center with a shorter URL of TLRCBlog.com. I am…
Scientific papers are often difficult to understand. The fact that they are often poorly written doesn’t help matters, but many of us lack the scientific background to quickly grasp and analyze scientific literature. Here is an excerpt from an article published in the British Medical Journal that provides some help…
Employee Froman died in an on-the-job accident. Darling, one of the owners of the employer, threw away the equipment involved in the accident after being asked by an Indiana OSHA employee to keep it for inspection. Froman’s estate filed suit against the employer; the suit included claims for negligent and intentional spoliation…
Is there anything duller than the rules of service of process? Perhaps not. Unless the only thing standing between you and collection of a $53,000,000 default judgment is application of those rules. Or unless your defense to a $53,000,000 default judgment is failure of service of process. Then Rule 4…
Plaintiff received neck and spinal cord injuries in a motor vehicle accident. He was taken to the local ER; the ER doctor thought he needed to be seen by a neurosurgeon. The on-call neurosurgeon (Ebeling) said he was very tired and would not be coming to the hospital and recommended…
The Supreme Court of Connecticut recently determined that a cause of action exists for intentional spoliation of evidence. Plaintiff was hurt in a ladder incident (it collapsed), filed suit, and repeated asked the defendant to preserve the ladder and requested the opportunity to inspect it. Defendant’s expert examined the ladder,…
Some of you will recall that a couple of years ago former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley and I started "Justice Programs." For the third consecutive year Justice Programs is offering a 15 hour seminar program in Memphis, Knoxville, Chattanooga and…