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Day on Torts

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Thoughts on “Givers” and “Takers”

I attended and spoke at the Tennessee Trial Lawyers Association’s Mid-Winter Convention yesterday. Gary Gober of Nashville was the Program Chair and put together a fine program, as usual. Gary is but one example of many plaintiffs’ lawyers who are “givers” rather than “takers.” Gary was President of TTLA over…

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Limitation of Actions and the Mentally Disabled

We all know that that a person who suffers from an “unsound mind” gets the benefit of a tolling of the statute of limitations under T.C.A. Section 28-1-106, which states that “[i]f the person entitled to commence an action is, at the time the cause of action accrued, either within…

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Ethics Reform – Tennessee Legislature

Last night I attended a reception for the General Assembly that was sponsored by the Tennessee Trial Lawyers Association. Several state senators told me that they thought that the legislative special session could end in a couple days. The House and Senate have passed different “ethics” bills, which means that…

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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…

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