Day on Torts

The plaintiffs are wrapping up their case in New Jersey. Here is a report of the events of last Friday.

Yesterday I wrote about Carpenter v. Klepper and its discussion about the locality rule. The last third of that opinion is worth reading, too – it addresses the level of specificity required when seeking discretionary costs under Tennessee Rule of Civil Procedure 54.04(2). Read it for some insight on how…

The locality rule in medical malpractice cases is absolutely ridiculous. It is designed to create an artifical barrier to recovery, to protect doctors and hospitals, particularly those in rural areas, from malpractice suits. It pretends that there is a difference in the standard of care given the size of the…

The “smoking gun” document does not do you any good unless you can find a way to get it introduced in to evidence. You have to determine what foundation must be established to introduce the document into evidence, call the witness or witnesses necessary to establish that foundation, and be…

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.

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…

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…

Here is the latest.

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…

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.