I love handling appeals. I prefer to be an appellee, and I would just as soon win and move on, but if we have to end up in an appellate court, I enjoy the work. Here is a publication from the Defense Research Institute addressing various issues concerning appeals, including…
Day on Torts
Another Study Concerning Medical Malpractice Insurance Rates
The Insurance Commissioner from the State of Washington has released a fascinating study of malpractice insurance rates for physicians in that state. A news report of the findings says “that the amount doctors pay for malpractice insurance in 2005 is largely equal to or less than what they paid for…
Ford Truck Roof Crush Verdict
A jury in South Texas returned a jury verdict against Ford yesterday. A teenager died when the truck rolled over and the roof crushed. The truck was forced off the road by the actions of another driver. That driver was also apportioned fault in the incident. Ford was given 90%…
Passenger vs. Passenger
Can a passenger of one vehicle sue a passenger of a different vehicle alleging that the latter negligently told the vehicle driver that it was safe to back up when, in fact, it was not, and the resulting wreck injured the former? This is a classic duty question – it…
New Jersey Vioxx Trial – Update
The Plaintiffs’ proof is about over, and the jury has been permitted to ask questions. To read about the current status of this important case, click here.
Extreme Makeover Lawsuit
Extreme Makeover is a disturbing show that takes advantage of poor self image and glorifies physical beauty. Deleese Williams did not make the final cut of the show and, she now alleges, the experience was so horrible that it caused her sister to take her own life. <a According to…
Proposed Rule Change – Supplementation
I mentioned in a previous post that the Civil Rules Commission has proposed several rules changes that, if adopted by the Tennessee Supreme Court and the Legislature, will become effective on July 1, 2006. One proposal is a change to Rule 37 and provides that a party who without substantial…
Family Exclusion Held Valid
The Tennessee Supreme Court has ruled that the “family exclusion” that exists in every motor vehicle insurance policy I have ever seen is not void as against Tennessee law or public policy. The case came before the Court on a certified question from a federal district court in East Tennessee.
Caught
As you know, some lawyers just cheat. Some are just ignorant of the law and make mistakes. But others know the law and cheat. Lawyers who are ignorant about the law need to be educated and warned. But cheaters need to be hammered. Judges who see lawyers repeatedly violate the…
Vioxx Trial Update
Here is the most recent news on the Vioxx trial currently underway in New Jersey. The author clearly does not understand the law of directed verdict.