Day on Torts

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.

Here is a summary of events from Friday in the two Vioxx cases being tried (together) against Merck in state court in New Jersey.

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…

Thursday’s action in the New Jersey cases currently being tried against Merck.

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…

You know the drill by now – here is an article reflecting what happened yesterday. An excerpt: “They also got to watch a movie: ”V Squad,” a campy, 12-minute sales-training video played in court, which showed two Merck salespeople dressed as superheroes — each in a black suit, with an…

I confess to being somewhat of a law geek. After almost 25 years of practice, I still enjoy reading opinions and getting my head in the books. I readily confess to not doing much legal writing in my practice anymore – I have several bright young lawyers who help with…

Here is an article that describes the events of the second trial day (after the completion of jury selection) in the two Vioxx trials currently underway in state court in New Jersey.