Plaintiff settled a case with the hospital concerning care given by the nurses and proceeded to trial against the doctor. Over the plaintiff’s objection, the judge gave this instruction to the jury: “Every physician using ordinary care has the right to assume, until the contrary is or reasonably should be…
Judge Posner of the Seventh Circuit Court of Appeals has a unique writing style. Here is an excerpt of a recent opinion where he addresses the issue of stare decisis; the excerpt gives those unfamiliar with his work a feel for how the man writes (and thinks): “The plaintiffs’ lawyer…
I am honored to report that our firm’s blogs have been awarded the “Law Firm Blogs Award” by Blawg Review. The award recognizes the efforts we have made coordinating our four blogs over the last year. Our other blogs are Tennessee Business Litigation Blog, Medical Malpractice Blog, and Erisaontheweb, a…
A new opinion by the Western Section Court of Appeals in a personal injury case has me scratching my head. The male plaintiff King was hurt in a car wreck. He claimed damages for loss of earning capacity. He was self-employed in the limestone business and his earnings history in…
Today’s Washington Post has this article about another study of the medical malpractice insurance industry. The study shows that insurer’s overestimated their losses from 1986 until 1994 by almost 50%. Insurance companies are permitted to estimate losses today on claims that will be paid in the future. This study shows…
Did you know that court costs are changing in Tennessee effective 1/1/2006? Historically, plaintiffs paid a relatively small filing fee at the beginning of a case and then additional charges accumulated based on the number of pages that were filed. Beginning the first of the year, charges will be made…
Here is an article about an unusual former lawyer with an interesting way of making a living. Here is how the author describes newsletter-publisher Shannon Ragland: “Similar verdict reviews are published in dozens of other states, but what sets Ragland’s apart is his background — he’s a disbarred lawyer and…
Here is an article about some conduct alleged to have occurred in New Jersey which, if true, is going to give rise to some strong emotional distress claims. The article tells us that certain people who received bone transplants have alleged that the bones “were pilfered from cadavers and sold…
Plaintiff was injured in a car wreck. She brought an uninsured motorist claim and was subjected to a psychological evaluation at the insistence of her insurer. The evaluator “testified that he believed that Gilbert experienced actual pain relating to the 1994 accident, but that a personality disorder complicated the pain…
What is the perfect Christmas gift for someone who loves the law of torts? The original Restatement of Torts, published in 1934. My wife found a set for me on EBay. The comments are full of examples concerning steamships and railroads. It is a real pleasure to see how the…