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…
Day on Torts
Manual For Complex Litigation, 4th Edition
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,…
Early Risers
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…
The Convention, This Blog, and Giving
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…
Summary Summary Judgment
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…
Emotional Distress Claims Allowed for Trespass to Real Property
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…
Great Info on Medicaid / Medicare Subrogation
I wrote recently about the decision in Arkansas Dept. of Health and Human Services v. Alhborn, 126 S.Ct. 1752 (2006), the USSC decision which ruled that state Medicaid agencies’ claims for reimbursement out of tort settlements are limited to that portion of any settlement attributable to past medical expenses. The…
Hospital-Acquired Infections
As you undoubted know if you are a regular reader of this blog, we represent plaintiffs in medical malpractice cases. We average almost three calls per business day from prospective medical malpractice plaintiffs; our screening process weeds out 98% of those calls and therefore we file less than 20 of…
Trial Update
As I mentioned in a post last weekend, our firm had three cases going to trial this week. John Branham and Brandon Bass settled their personal injury case Tuesday morning right around the time for closing argument. They obtained a great result in a case in which no money was…
New Book on Patient Safety Standards
The Joint Commission has released the Fourth Edition of its book “Patient Safety Essentials for Health Care.” The blurb: “This book is the complete guide to the Joint Commission’s safety standards for ambulatory care, behavioral health care, critical access hospital, home care, hospital, and long term care organizations. It includes…