Day on Torts

The Ohio Supreme Court has released a decision in a wrongful birth case. Read about it our medical malpractice blog.

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…

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.…

Here is a summary of the opening statements in the Vioxx trial currently underway in New Jersey.

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?

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…

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…

The Capitol and Legislative Plaza is abuzz with discussion about a bill introduced in the Tennessee would ban the sale of dildos effective July 1, 2006. The legislation passed first reading on February 27, 2006 and will now work its way through the committee system. The bill would make it…

Rep. Duke Cunningham got sentenced to prison yesterday for accepting at least $2.4 million in bribes. He was looking at a maximum ten-year prison term and actually received eight years, four months. Cunningham solicted and obtained bribes from defense industry contractors. He used his position to help his co-conspirators get…

The Florida Supreme Court ruled that the limitation of attorneys’ fees in medical negligence cases could be the subject of a knowing, voluntary waiver by a plaintiff in a medical negligence suit. It directed the Florida Bar (Florida has a unified bar association) to come up with an appropriate rule…