Senator Frist and his friends are back with another bill to restrict the rights of medical malpractice victims. Here is the bill, known as S.B. 22. Expect a vote on cloture today or tomorrow. The legislation includes caps on noneconomic damages, uniform statutes of limitations (except in states that have…
2:17 P.M. Monday: Here is the link to the CSPAN site where you can watch the debate: Debate
The Senate has just had the cloture vote on S.B. 22. The result was 48 – 42 to continue debate. Sixty votes were required to cut off debate. The fillibuster stands; debate continues. They are now voting on S.B. 23. UPDATE AT 5:21: The result on SB 23 was 49…
I was in court last Monday morning and a lawyer sitting next to me asked for some help on a comparative fault issue. I told him the answer and that the case law in support of the answer could be found in Chapter 5 of Tennessee Law of Comparative Fault,…
The Court of Appeals of Maryland has held that an Ohio lawyer who contracted over the telephone and by mail to perform legal services in Ohio for a Maryland resident could not be sued for professional negligence in Maryland. Here is the summary of opinion as prepared by the Court:…
The Kentucky Supreme Court has just released an opinion that discusses the elements of the tort of negligent supervision of a minor. This is the law in Kentucky: “A parent is under a duty to exercise reasonable care so to control his minor child as to prevent it from intentionally…
A great new study that could provide for support for determining the value of the life of a homemaker. A news article says this about the study: “A full-time stay-at-home mother would earn $134,121 a year if paid for all her work, an amount similar to a top U.S. ad…
Here is part one of the speech everyone has been talking about. Here is part two.
Joint and several liability has been abolished in the State of Florida. Here is a copy of the bill, courtesy of Matt at Abstract Appeal.
Here is another case out of our appellate courts that reminds us of the need to make a record. Plaintiff failed to object to the introduction of certain medical records in a personal injury case. The defendant read excerpts of those records to the jury to establish the existance of…