A recent edition of the journal of the Federation of Defense and Corporate Counsel article called “Handling Difficult Issues in Products Liability Actions: Subsequent Remedial Measures, Similar Accidents, Recalls, and Foreign Defendants.” It is written by Bradley C. Nahrstadt. The well-written article has a nice collection of cases from around…
Day on Torts
Ford Caught in Inconsistent Statements
Ford Motor Company apparently says one thing in the courtroom and another thing in press conferences. This news article says that Ford’s PR people keep saying that Ford did dynamic testing of its vehicles but that its witnesses at a recent trial said they did not. When asked to explain…
Anatomy Help
Gray’s Anatomy of the Human Body is the leading textbook on anatomy and now it is available on-line. Click here to review the index of what drawings and information is available. Thanks to Bob Kraft for bringing this site to my attention.
Tennessee Truck Death Toll is Rated as “Deadly”
Tennessee has the 13th highest truck crash death rate in the nation, a rate of 2.63 deaths per 100,000 population. This means over 150 people die in Tennessee each year in truck-related crashes. The Tennessee death rate is 30% higher than the national average. For a listing of the death…
Update – Vioxx Trial
Here is the latest on the New Jersey Vioxx trial. My guess is that we will have a verdict next week.
Portion of Georgia Tort Reform Statute Found Unconstitutional
Georgia passed a tort “deform” statute last year. One part of the legislation required a plaintiff to pay a defendant’s attorneys’ fees if the plaintiff did not obtain a judgment of at 25% higher than a defendant’s last offer of judgment. A trial judge has struck down that provision, saying…
Gay Partner Cannot File Wrongful Death Suit
It had to happen sooner or later. Neil allegedly died from medical negligence in New York. His partner, John, filed a wrongful death suit, alleging and proving that he and Neil had participated in a civil union in Vermont several years earlier and insisting that he could maintain a medical…
You Have to Make a Record
The Tennessee Supreme Court has just reversed a summary judgment because there was not an appropriate record to permit the Court to determine if summary judgment was appropriate. The trial court granted summary judgment in favor of the appellee without indicating its reasoning for doing so. The appellee’s motion for…
Air Bag Class Action To Proceed
The United States Supreme Court has refused to hear a case involving a class action certified by a Oklahoma judge involving 420,000 GM vehicles. The lawsuit alleges that the vehicles are equipped with airbags that deploy unnecessarily. The problem is a software glich, later corrected by GM on other vehicles.
Off Topic – Taking the Blinders off a Blind Trust
Senator Frist’s blind trust is a story that will not die – and now more information is coming forward. Read the latest from the Miami Hearld and the AP.