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…
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…
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 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…
I hesitate to use this title – my “comments” log is already filled with posts from people who try to sell sex over the Internet. But “Sex Torts” is the name of a law review article by Deana Pollard and, at a minimum, that title got each one of you…
The MCL is a great book and it is now available for free. The new edition “updates the treatment of electronic discovery and other aspects of pretrial management and describes major changes affecting case management in the substantive and procedural law in mass torts, class actions, intellectual property, employment discrimination,…
There are a good number of you folks – almost 50 of you every workday – who check this blog before 8:00 a.m. I typically get up between 4:00 and 4:30 and do my daily post first thing in morning, so some of you have come to expect that I…
Well, the 2006 TTLA Convention is over. As I mentioned earlier this week, Gary Gober did a great job organizing the speakers for the event. Many of you came up to me at the various meetings and parties and expressed your appreciation for my work on this blog. I truly…
Judge Koch and the Court of Appeals for the Middle Section have ruled that a summary judgment in favor of a doctor in a medical malpractice case must be reversed because the plaintiff was not given adequate time to marshal the facts necessary to respond to it and submit an…
The United States District Court for the District of Columbia has allowed plaintiffs in a trespass action to seek damages for emotional distress. Defendant and its predecessors alleged contaminated ground water with gasoline. Plaintiffs’ claims included claims for emotional distress. The Court ruled that “[u]nder District of Columbia law, it…