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…
Day on Torts
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?
Deaths from Medical Malpractice
It is getting worse. A study of patients in our Medicare population has found an alarming number of incidents and deaths. The study looked discharge records of Medicare patients and used 16 of “20 indicators for potentially preventable patient safety incidents that could be readily identified in hospital discharge data.…
Lanier v. Merck, Round 2, Post 19
Now, the punitive damage phase. Read here.
Lanier v. Merck, Round 2, Post 18
The jury returned a verdict in the New Jersey Vioxx trial yesterday afternoon. The jury found that Merck had failed to warn the men about the risks of heart attack and stroke associated with Vioxx but found a causal link between the drug and a heart attack for only one…
A Win for Cameron
Cameron Diaz has won her lawsuit over unauthorized sale of photos of her topless.
Out of Town
I am out of town today giving a speech for the Kentucky Academy of Trial Attorneys. I won’t likely get a chance for a substantive post, unfortunately.
Lanier v. Merck, Round 2, Post 17
The New Jersey Vioxx case is to the jury – the defense did its closing argument yesterday. Also, here is an interesting article about jury questions in the Vioxx case.