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…
Day on Torts
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…
Attacked Expert Fights Back – and Wins
Dr. Gary Lustgarten testified the for the plaintiff as an expert in a medical negligence trial in North Carolina. Lustgarten testified that in his medical opinion that certain notes made by one of the defendant’s, Jauffman, were inaccurate. After the case settled, one of the defendants filed a complaint about…
Trial Is Not a Game
I remember years ago trying a case against a well-known lawyer in Nashville (who is still practicing, by the way.) I moved in limine to prevent certain testimony from being introduced into evidence; my motion was granted. Later that day I saw the witness in the hallway who would have…
Broken Link
Moe Levine wrote and let me know that a link to the article that formed the based of my post about admissibility of electronic records was broken. He is right – and now I cannot find the article. I will keep looking. Sorry about that. However, if you go to…
Ford Escort Seat Back Defect Verdict for Plaintiff Affirmed
The Eastern Section of the Tennnessee Court of Appeals has affirmed a jury verdict for the plaintiff in a case involving the design of a seat back in a Ford Escort. The case is Potter v. Ford Motor Co., No. E2005-01578-COA-R3-CV; it was decided on June 21, 2006. The opinion…
Cheating Lawyer Loses Ticket
Pennsylvania lawyer Michael Radbill, a Philadelphia attorney who served time in prison for defrauding insurance companies by filing claims on behalf of personal injury plaintiffs who faked injuries and participated in staging slip-and-falls, has been disbarred. He served a one year prison term – which seems light but seems truly…
Admissibility of Computerized Records
How do you get computerized records into evidence? A recent case, In re: Vinhnee, 2005 WL 3609376 (B.A.P. 9th Cir. Dec. 16, 2005), has an extended discussion of the issue. This case conflicts with the law in our federal circuit, United States v. Salgado, 250 F.3d 438, 453 (6th Cir.…
Pre-Judgment Interest – The Issue That Will Not Die
Pre-judgment interest is not the Wicked Witch of the East – it will not die. (Do you remember the unseen WWE? Dorothy parked a house on top of her and ended up with her ruby red slippers – much to the chagrin of WWE’s sister, the Wicked Witch of the…