Lawyers who cheat need to be popped – hard. Here is an article about a defense lawyer who commented during opening statement on evidence that had been excluded by the trial judge. The appellate court reversed an order of sanctions against him. I was in a trial a little over…
Day on Torts
Lanier v. Merck, Round 2, Post 15
The end is near in the New Jersey Vioxx trial. Here is the latest.
Lanier v. Merck, Round 2, Post 14
More proof from the defense in the New Jersey Vioxx trial; read about it here. The next federal Vioxx trial begins June 12, 2006.
Tennessee Legislature Rejects Medical Malpractice Bill
Yesterday afternoon the Civil Practice Subcommittee of the House Judiciary Committee voted 3-2 to reject a bill offered by Rep. Doug Overbey that would have capped pain and suffering awards to medical malpractice victims and placed other limitations on recoveries. Voting against the legislation were Chairman Briley, Majority Leader McMillian,…
Medical Malpractice Fight Today
The Civil Practice Subcommittee of the House Judiciary Committee meets today to hear testimony on the medical malpractice reform bill sponsored by Rep. Doug Overbey. The legislation caps damages non-economic losses at $250,000 against providers and $250,000 against factilities, with no more than $500,000 awarded in any one case. It…
Lanier v. Merck, Round 2, Post 13
The trial of the Vioxx cases in New Jersey is winding down. Here is a recent update.
Defense Lawyers Getting Hit With Malpractice Claims
This article from Lawyers Weekly U.S.A. explains that insurance defense lawyers are seeing an increased in the number of professional negligence claims filed against them. An excerpt: “According to an ABA study released last summer, malpractice claims against personal injury defense lawyers increased 6 percent from 1999 to 2003 –…
John Ritter’s Family Settles Med Mal Lawsuit
John Ritter died of an aortic aneurysm in 2003. His family filed a medical malpractice lawsuit against various health care providers. It now appears that the case has been settled. I met John Ritter in New York 5 or 6 years ago. I went to a play and at the…
Death of Milda Heath, my Grandmother
Wednesday morning at 10:30 a.m. my grandmother died at home at the age of 97. My wife Joy and I leave for Wisconsin this morning; the funeral is Saturday in Platteville, a college town of 10,000 people. Platteville is in the Southwest corner of the state and about nine miles…
Research on Defense of Punitive Damages Cases
Punitive damages in Tennessee are rarer than hen’s teeth. But that doesn’t mean that they shouldn’t be sought in appropriate cases – of course they should. However, it is not enough to simply say: “what the defendant did was bad, real bad” and hope that you can carry the day.…