It just makes sense for hospitals and doctors to try to resolve problems with patients before lawyers get involved, and it looks like they are starting to do it. This article from www.law.com explains how facilities are starting to aggressively deal with potential claims and avoid litigation. Look at what…
Here is a great case out of Illinois that reminds us of the importance of asking each fact witness about whether they have made any personal notes concerning the event at issue. In Cangelosi v. Capasso, No. 03–L–392, (Ill. Ct. App, 2nd Dis. June 30, 2006), plaintiff asked that a…
The Tennessee Supreme Court has ruled that the three-year statute of limitation applies for emotional distess claims arising out of injury to property "inspired by fraud, malice or like motives." The Trial Court and Court of Appeals affirmed dismissal of the claim for emotional injuries because the lawsuit was not…
This was another interesting day at the ATLA Convention. This morning I went to a breakfast featuring Senator Gordon Smith (R-OR). He gave a good talk, not particularly dynamic but very informative and given with obvious conviction. Senator Smith’s remarks included telling us about the relatively recent suicide of his son, a…
I am in Seattle at the ATLA Convention. I arrived here last Thursday. I spent Friday and Saturday doing board work for the National Board of Trial Advocacy and Sunday morning meeting with a group of lawyers on a case that we are working on together. I finally got the…
Here is a list of those starting with the letter "A": AAMA American Architectural Manufacturers Association AAMA American Apparel Manufacturers Association AAMI Association for the Advancement of Medical Instrumentation AAMVA American Association of Motor Vehicle Administrators AASHTO American Association of State and Highway Transportation Officials AATCC American Association of Textile Chemists…
Motorists Beware! A new study reports that 21% of drivers in Tennessee are uninsured. Read about the study here. I would love to know what percentage of the drivers that have insurance have only the minimum limits ($25,000 per person, $50,000 per accident). Use this information to educate your clients…
Dr. Fullerton made a horrible mistake. He testified for a patient in a medical malpractice case. The defendants won the case and turned Dr. Fullerton into the Florida Medical Association "stating, among other things, that his opinion testimony fell below reasonable professional standards, that it was made “for the sole purpose…
LexBlog provides us various types of service for our four blogs. Yesterday they upgraded our software and therefore we couldn’t blog until the end of the day. And by the end of the day (I left the office at 6:00, came back at 7:45 and left at 9:15) I was ready…
Here is the latest premises case involving freshly fallen snow. In Clifford v. Crye-Lieke Commercial, Inc., No. M2005-00376-COA-R3-CV (Tenn. App. M.S. July 11, 2006), Judge Koch and his colleagues affirmed a grant of summary judgment in favor of the defendant in a slip and fall case involving freshly fallen snow.…