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…
Day on Torts
Doctor Fights Back
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…
Yesterday .. and Today
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…
When The Snow and Your Client Falls
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.…
Merck Wins Vioxx Case
Breaking news: Merck won the most recent Vioxx case in New Jersey. The jury decided Merck failred to warn of the risk of heart attack associated with Vioxx, but that failure did not cause the plaintiff’s death. The jury found no fraud or misrepresentation by Merck. Commentary to follow, as John is on the road to…
Jurisdiction Exercised Over Foreign Manufacturer
The Illinois Appellate Court has ruled that Illinois courts have jurisdiction over a Japanese parent corporation in a case alleging negligent design. Plaintiff alleged that her daughter died as a result of a fire started with a Aim ‘n Flame II lighting rod. The lighting rod was designed by Tokai…
Blue Chipper – Medical Malpractice – Locality Rule
The case: Robinson v. LeCorps, 83 S.W.3d 718 (Tenn. 2002). Author: Justice E. Riley Anderson Why it is a Blue Chipper: Robinson made it crystal clear that a standard of care expert in a medical malpractice case may not base that testimony on a national standard of care and that…
The Back Door is Open …
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,…
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…