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…
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…
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…
Isn’t this nice? I discovered this at Home Office Lawyer.
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.
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.
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…
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…
I found this memo at an empty corner table in the bar in the basement of the Hermitage Hotel in downtown Nashville, sitting on table next to an empty bottle of Opus and two wine glasses. To: TMA Director for Tort Reform From: AMA Vice President for Tort Reform Date…
The Indiana Supreme Court denied a challenge to the constitutionality of a statute of limitations for minors. The statute required that a suit be filed within two years of the date of injury or by the injured minor’s eighth birthday if injured in the first six years of life. The…