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…
Day on Torts
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…
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…
The President and Tort Reform
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…
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]…