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…
Day on Torts
A Work of Art
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…
Lanier v. Merck, Round 2, Post 3
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.
New Wrongful Birth Decision
The Ohio Supreme Court has released a decision in a wrongful birth case. Read about it our medical malpractice blog.
Defamation Case Re-instated
Plaintiff Stanton’s photograph was placed alongside a article entitled “The Mating Habits of the Suburban High School Teenager” that ran in Boston magazine. The opinion describes the photograph this way: “[Stanton’s] is one of five young people pictured in a photograph that occupies the entire first page of the article…
The Press Starts to Understand Tort Reform
Tort reform swept through Georgia in 2005, and now the harm and the potential for harm is beginning to be felt. This article from Atlanta’s leading newspaper explains the consquences of the offer of judgment rule. I hasten to note that the Tennessean has editorialized against tort reform for years.…
Lanier v. Merck, Round 2, Post 2
Here is a summary of the opening statements in the Vioxx trial currently underway in New Jersey.
Wouldn’t this Ruin Your Day?
How would you like to receive this Order in the mail? Download file Worse yet, how would you like to see it on the Internet?
Delay in Obtaining Expert Results in Dismissal of Case
The Supreme Court of Mississippi has granted summary judgment in favor of a physician when the plaintiff failed to timely respond to discovery seeking information about plaintiff’s expert witnesses and did not timely file an expert affidavit opposing the summary judgment motion. Plaintiff maintained that she was entitled to more…
Comparative Fault Applies in Nuisance Case
The Eastern Section of the Tennessee Court of Appeals has ruled that comparative fault applies to cases tried under a nuisance theory. According to the opinion, “[t]he Complaint alleged that plaintiffs and defendants own adjoining property and that defendants constructed a private road on their property through an area of…