Ok, so you spend millions of dollars on Congressional elections trying to avoid responsibility for making a product that a jury may determine is defective or unreasonably dangerous and you can’t get enough votes to make it happen. What’s a Pharma to do? Go through the back door, via regulation,…
Day on Torts
Allstate’s Claims Handling Practice
Allstate is notorious for its hardball approach to handling claims. Now, Business Week Online tells about a new book “From Good Hands to Boxing Gloves” that will reveal the role that the consulting firm McKinsey & Co. played in changing the business practices of Allstate. An excerpt from the article:…
Consumer Protection Act Applies to Claim Against Financial Advisor
Judge Bill Koch has written a opinion that is worth a read by everyone who visits this blog. The case is Johnson v. John Hancock Funds, No. M2005-00356-COA-R3-CV (Tenn. Ct. App., M.S., June 30, 2006). Plaintiffs claimed that they received poor advice from their financial advisor and suffered a loss…
Blog Report
I am happy to report that this blog has reached the 750-post milestone. The blog began in February, 2005 and has grown to appoximately 500 unique vistors per business day (only a couple hundred on weekends). The experience has been a very positive one. It takes me back to the…
New Tennessee Supreme Court Opinion on “Foreign Object” Exception to Medical Malpractice Statute of Repose
The Supreme Court of Tennessee issued an important ruling on the “foreign object” exception to the medical malpractice statute of repose and statute of limitations. The case is Chambers v. Semmer, M.D., and deals with what exactly constitutes a foreign object. The plaintiff’s theory in the case is that a…
Sorry for the Infrequent Updates
I am at my cabin right now struggling with problems with the “internets.”
Medical Negligence
I apologize for the lack of a post Friday and Saturday. Friday morning I was in North Carolina and did not have access to a computer. By the time I made it to the office I had back-to-back conference calls or appointments until 4:15 and just decided to wait until…
Priest Tells All
Some of you know that we represented two boys who were sexually abused by a (former) Roman Catholic priest who served in the Diocese of Nashville. I came to learn most than I wanted to know (and more that the confidentiality order will allow me to share) about the Church’s…
Breaking News: Supreme Court Bars Ex Parte Talks with Plaintiff’s Doctors
The Supreme Court just issued its opinion in Alsip et al v. Johnson City Medical Center et al. More information on the opinion, holding that defense counsel may not participate in ex parte communications with a plaintiff’s non–party treating physicians, is available over at our firm’s medical malpractice blog. I…
E. Coli 0157:H7 Outbreak
The Tennessean has reported that a E. coli 0157:H7 outbreak has sent four toddlers to Vanderbilt University Medical Center. Six other children also became infected with the potentially deadly organism. The children became infected at Paulette’s Group Day Care Home. The paper reports that the day care center has been…