I am currently defending a legal malpractice case for a friend of mine and have insisted that the plaintiff prove that amount of damages that would have been collectible in the underlying tort case. I have a hearing on this issue coming up shortly; the trial is this Winter. I…
The only thing better than Notre Dame losing is Notre Dame losing at home.
Nancy Grace, who brings disgrace on herself and on her profession every time she appears on television, is embroiled in another controversy. This time, it is the death of Melinda Duckett, an interviewee on Grace’s show who committed suicide. Those of you who believe that Ms. Grace defines everything that…
Tenn. Code Ann. § 28-3-104(a)(1) (2000) provides a one year statute of limitations in personal injury cases (the shortest such statute in the nation). However, Tenn. Code Ann. § 28-1-106 (2000) creates two exceptions to the rule; it provides as follows: "[i]f the person entitled to commence an action is, at the…
Do you remember Kelley v. Middle Tennessee Emergency Physicians, P.C., 133 S.W.3d 587 (Tenn. 2004), when the defendant tried to claim that he owed no duty to the plaintiff because he was not the plaintiff’s regular doctor? The defendant was called by the emergency room doctor and gave the doctor advice that allegedly…
Here is an unusual case out of California – a unique application of the "reasonable person test" when applying the causation standard in an informed consent case. Wilson was paralyzed from spinal surgery for scoliosis, rendering him a paraplegic. He was wheelchair bound and needed to use his arms and…
Bruce Braley is running for Congress in Iowa. His Republican opponent is a lawyer. Bruce is the subject of this attack ad – a real cheap shot considering it comes from a Republican who had enough intellect to attend Harvard Law School. I know Bruce – he is a good guy who…
Ok. You have heard of damage caps, certificates of merit, and restrictions on fees that one side of a dispute can pay its lawyers (but no cap on the other side). And you have heard of experts having to know the local standard of care in reading x-rays or determining…
Did you see that Glaxo has agreed to pay the IRS $3.4 billion dollars in past due taxes? Read more here. Glaxo had estimated that it might be on the hook for $15 billion. The good news for Glaxo is that paying the money will not have any significant impact…
Timothy Brown sued the United States alleging that his daughter Melody developed spinal bifida as a result of a military doctor recommending to Deborah Brown (Melody’s mother and a member of the military) than she (Deborah) stop taking prenatal vitamins during a critical period in his development in utero. The vitamins contained folic…