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…
Day on Torts
Republican Congressman Off to Prison
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…
Florida Supreme Court Gets New Fee Rule
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…
Public Citizen Challenges Trucker Service Rules
Sorry for the delay in posting today. I caught a red-eye flight last night and spent 12 hours traveling. Public Citizen and four other entities have launched another court challenge to the hours-of-service rules that have been promulgated by the FMSCA. From Public Citizen’s press release: “More than 5,000 people…
Crazy Juries
Health care industry lobbyists: read this article and then try again to convince me that juries are solely motivated by sympathy. In fact, given that most med mal cases concern serious injury or death (because of the economics of pursing the claims) what explanation do you have for defense verdicts…
New Lawyer Ad
Isn’t this nice? I discovered this at Home Office Lawyer.
Appellate Practice Tips
The Supreme Court of North Dakota publishes this list of appellate practice types. Of course, the citations are to North Dakota law but most of the principles are just as applicable in Tennessee. Thanks to Jim Calloway.
Time Limits Imposed at Next Vioxx Trial
The parties have agreed to limit the time each side will have to present evidence in the next Vioxx trial. The time-keeping method? Chess clocks. Read more here. Jury selection started yesterday morning.
New Study Says Malpractice Insurance Crisis Over
This study by “Americans for Insurance Reform” says that the so-called crisis in the medical malpractice insurance market is over. The introduction to the report: “The most recent data from the Council of Independent Agents and Brokers now confirms that the large medical malpractice insurance rate increases that took hold…
Discovery of Expert Witness Materials
To what extent may a party discover communications between an oppsoing party and its expert witness? The Supreme Court of Rhode Island recently addressed this issue in Crowe Countryside Realty Associates Co., LLC v. Novare Engineering Co. (For some reason I cannot get a good link to the opinion so…