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…
Day on Torts
Bone Harvesting
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…
Suit Against Expert Fails
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…
Perfect Christmas Gift
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…
Merry Christmas
May you and your family enjoy a wonderful Christmas and have a safe and healthy 2006 – and beyond.
Anti-Consumer Vaccine Legislation Passes
The President will sign a budget bill containing a provision for immunity for manufacturers of certain vaccines. I cannot track down the legislation itself but here is an ATLA summary of it: “The liability provisions allow the Secretary of HHS to declare that a drug, device, or vaccine is a…
Howard Nations’ Paper
Those of you who attend ATLA conventions probably know Howard Nations. Howard is a Vandy Law grad who practices in Houston. He is a frequent speaker at ATLA programs. This is a paper he wrote called ?Shakespeare’s Tribute to Trial Lawyers.” Read it and feel good about what you do.…
Jailed Plaintiff Answers the Call of Nature – And Falls
“If you have to go to the bathroom, you have to go, water on the floor or not.” That comes to us from Judge Susano, writing a concurring opinion in a new slip and fall case out of East Tennessee. The incarcerated plaintiff got up at 1:00 A.M. to use…
Reject Letters And Things That Go Bump In The Night
It is a good idea to write a reject letter to a potential client when you turn down a case. A good number of lawyers tell the receipent of the letter something about the statute of limitations on the particular claim in such a letter. This decision reminds us why…
Oral Fee Split Upheld
The high court of Massachusetts upheld a lower court decision that found and enforced an oral fee-splitting arrangement between two lawyers. The lawyer who refused to share the fee claimed that the agreement was not only not it writing but was not agreed to by the client (which is also…