I did not watch the State of The Union Address last night but I read the speech that he was supposed to have delivered. It was to contain this line: “And because lawsuits are driving many good doctors out of practice – leaving women in nearly 1,500 American counties without…
Day on Torts
Michigan Decision: No Duty to Advise of Success Rate
The Michigan Court of Appeals has ruled that “[a]s a matter of law … a physician’s raw success rates do not constitute risk information reasonably related to a patient’s medical procedure.” There apparently was no (or little) evidence of affirmative misrepresentation on the issue. A verdict for the plaintiff was…
A Weekend Off
Why no posts this weekend? Am I getting lazy? I had to be in court in Nashville Friday morning to argue a motion in a products liability case and then went immediately to the airport to catch a flight to Boston. I had a great dinner at The Federalist on…
New Carolina Business Magazine Article
I graduated from the University of North Carolina School of Law, and I can tell you that the home state of Jesse Helms does not share the political philosophy of, say, Seattle. So, imagine my surprise when I read this article from Business North Carolina. I will save the details…
Defense of Vioxx Cases
Here is a good article from the Washington Post that summarizes where we are and what lies ahead in Vioxx litigation.
Summary of Significant Worker’s Comp Opinions
Many tort lawyers in Tennessee also handle worker’s compensation cases. Here, for your reading pleasure, is a summary of the significant worker’s compensation opinions issued by the Tennessee Supreme Court in 2005 as prepared by the Tennessee Workers’ Compensation Advisory Panel.
Another Day, Another Resignation
Justice Birch resigned yesterday; the effective date of the resignation is August 31, 2006. Justice Birch has served the State of Tennessee as a judge for 43 years, beginning as a General Sessions Judge, then serving 9 years as a trial judge and 19 years as an appellate judge. [Bio]…
Justice Anderson To Step Down
The State of Tennessee suffered a blow yesterday when Justice E. Riley Anderson announced that he was stepping down effective August 31, 2006. Justice Anderson, from Oak Ridge, has served on the Supreme Court for over 15 years and, earlier, served on the Court of Appeals for 3 years. [Bio]…
“Gratuitous Undertaking” Lawsuit
Here is an interesting decision by the First Circuit Court of Appeals that discusses the liability of a property appraiser who told the plaintiff that “‘he could not himself perform the appraisal’ but [said] that ‘he would find another appraiser and would supervise and review that appraiser’s work.'” Well, the…
Tennessee State Senator Files Proposed Resolution
Here is a proposed resolution that has been introduced in the General Assembly by Senator Finney, Republican from Maryville: SENATE JOINT RESOLUTION 523 By Finney A RESOLUTION relative to medical malpractice reform. WHEREAS, a fair and efficient legal system free of frivolous and abusive litigation is necessary for a vibrant…