Here is another decision that makes it reversible error to show photos of vehicles involved in a wreck, point out minor property damage, and then argue that the plaintiff could not have been injured. The New Jersey Appellate Division said this: “Given the narrow field of dispute, the photographs served…
Day on Torts
Lanier v. Merck, Round 2, Post 21
The jury has punitive damages under consideration. Read more here.
Patient Wins Doctor’s Case Against Insurance Company
This doctor got hit for an excess verdict in a medical malpractice case. He assigned the patient his bad faith claim against his insurer, alleging that it refused to settle the case within the policy limits and assigned him a lawyer with a conflict. The patient won compensatory and punitive…
Lanier v. Merck, Round 2, Post 22
The New Jersey jury awarded $9.0 Million in punitive damages. Perfect. Within the range of reason. Merck will suffer the sting of the shilling but not be able to argue that it took a head shot. Recall that punitives were capped at $22.5M. Nice work. BIG NEWS: Under New Jersey…
Off Topic – A Political Comment.
Read this, please: “John Fund [of the WSJ], after discussing how disgruntled the GOP base may be, has it exactly right: ‘Republicans have appeared to the world to be as unprincipled and rudderless as the politicians they campaigned against back in 1994. Unless they change course dramatically in the seven…
Full Recovery of Medical Expenses Permitted
The Arizona Court of Appeals has decided that a plaintiff can recover the full value of her medical bills in a tort case and that the amount of the bills should not be reduced by contractual discounts. The case is Lopez v. Safeway Stores, Inc. (2 CA-CV 2005-0057, 2/28/06). The…
Off to Knoxville
I am a little late in posting today because I have been busy preparing for a speech and panel discussion in Knoxville. The Tennessee Journal of Law & Policy is honoring Justices Drowota, Anderson and Birch today; I have been invited to speak about the impact that these gentlemen have…
No Fee From Rejected Settlement Proposal
Surprise! You cannot collect a contingent fee if your client rejects a settlement offer and later collects nothing. In this Louisana Supreme Court decision in the case of Cullpepper & Carroll v. Cole (No. 05-C-1136) attorneys sought a one-third fee of a rejected settlement proposal in an estate case. Check…
Lanier v. Merck, Round 2, Post 20
The New Jersey trial judge is going to let the jury decide the punitive damages issue. The arguments on punitives will be heard on Monday. Read more here.
Chiropractor Testimony Just Decreased in Value
Chiropractors get a bad rap and almost certainly an unfair rap. But this type of news stories do not do the profession any good. Time travel?