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…
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…
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.
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…
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.
The Civil Rules Commission in Tennessee has proposed to change Rule 8 of the Tennessee Rules of Civil Procedure and require a plaintiff to state an ad damnum. Under current law, a plaintiff probably must state an ad damnum at some point, except in medical negligence cases. Why do I…
When you can’t prove a current injury but can prove that, because of the fault of another, you need to be regularly followed by a health care provider you seek damages for “medical monitoring.” The claim arises is toxic tort and products liability cases. In a case of first impression,…
A spokesman for Merck announced today that its scientists have discovered a link between between recent hurricane activity in the Gulf of Mexico and the lawyers that are suing the company over its multi-billion dollar drug, Vioxx. “The scientists have Merck have determined that greedy trial lawyers are the cause…
How can some members of the Republican Party take a national disaster and turn it into a windfall for corporate America? No-bid contracts for companies working to clean up the mess caused by Katrina? Of course, but there is more. Eliminate the need to pay the prevailing wage? Sure. How…
A defendant in a product liability case cannot introduce proof of the absence of other claims unless strict guidelines are met, according to the Third Circuit Court of Appeals. The plaintiff’s lawyer “argued that there was no foundation for such testimony because [defendant’s] engineer had admitted in his deposition that…