Day on Torts

Here is an article that wraps up the first federal court Vioxx trial. The case will be re-tried in a few months.

One of the plaintiffs in this case (Kelly) was injured in a car wreck and had “soft tissue” injuries. The defense sought and was granted a Rule 35 examination by a doctor of its chosing. The doctor opined that the plaintiff “was magnifying her symptoms and neuropsychological testing/MMPI should be…

My daughter is 14 and is very excited about getting her driver’s license. The idea terrifies me like it does most parents. Here are some statistics about car wrecks and teenagers that will not do you much good at the office but may help you talk about safe driving with…

The Vioxx jury in Houston resumes deliberatons today.

The judge declared a mistrial in the Vioxx case this morning. The jury was unable to reach a verdict.

The jury comes back Monday for a fourth day of deliberations in the first federal MDL Vioxx trial. The jury was given a dynamite or Allen charge on Saturday. Read more here.

The Vioxx jury is working on Saturday. Read about it here. For reaction of some lawyers to the latest news concerning the NEJM story, go here.

Yesterday afternoon the Tennessee Supreme Court said the the 3-year statute of repose found in the “Doctor and Hospital Relief Act of 1975” should be applied to claims made by minors. Before yesterday, most lawyers assumed that minors had the right to wait until their 19th birthday to file suit.…

Honda and its expert, Robert Gratzinger, got caught “wrongfully and intentionally alter[ing] the most significant physical evidence in [a products liability case.” The judge sanctioned them, but then sealed the order as part of a settlement of the case. Trial Lawyers for Public Justice found to open the record to…

Read this opinion starting at Page 17 to get a court’s insight on how not to present an appeal. An example: “Further, most of plaintiffs’ claims are patently disingenuous. Arguments regarding use of the Streamlined Rules, failure to find the arbitration was binding, the selection of the arbitrator and his…