Here is the latest on the Vioxx trial – with two plaintiffs – currently underway in New Jersey. Recall that this is the case where each plaintiff claims more than 18 months of use of the drug, a critical factor in the minds of all concerned.
Day on Torts
Waiver of Expert Witness Rule
Back in 1975 the Tennessee Legislature determined that the only health care providers who could testify against a Tennessee health care provider in a malpractice case where experts from contigious states. This is an assine rule – but it is still the law. You can avoid the contigious state rule…
Trip to the 11th Circuit
As I mentioned Sunday, I went to Atlanta Sunday night, locked myself in a hotel room, and spent all day Monday and several hours early Tuesday morning preparing for an argument in the 11th Circuit Court of Appeals. As a result, I am very behind in my work and need…
Lanier v. Merck, Round 2, Post 7
Here is the latest.
Colorado Opinion on Spoliation
The Colorado Supreme Court has issued an opinion in Aloi v. Union Pacific R.R. This is the opening paragraph of the opinion: “Petitioner Frank Aloi brought a personal injury action against Union Pacific Railroad (UP). Prior to trial, UP destroyed documents relevant to the litigation. As a sanction for spoliation…
No Post Today
Sorry, folks, but I do not have time for a post today. I have an oral argument in the 11th Circuit Court of Appeals in Atlanta on Tuesday and I am busy getting ready. I will post tomorrow morning.
Lanier v. Merck, Round 2, Post 6
Here is a summary of events from Friday in the two Vioxx cases being tried (together) against Merck in state court in New Jersey.
Peer Review Statute Analyzed
The Tennessee Peer Review Law of 1967 was “was passed with the stated intent of encouraging ‘committees made up of Tennessee’s licensed physicians to candidly, conscientiously, and objectively evaluate and review their peers’ professional conduct, competence, and ability to practice medicine.’ The statute further ‘recognizes that confidentiality is essential both…
Lanier v. Merck, Round 2, Post 5
Thursday’s action in the New Jersey cases currently being tried against Merck.
Discovery Order
I was talking with some lawyers lately about an increasing problem of discovery abuse, particularly during depositions. Apparently some lawyers don’t understand the rules or, if they do, they don’t care about them. Here is an interesting Order entered in a case that put the hammer down on a lawyer…