A recent article reports that certain minivans get a failing grade in crash tests designed to check likelihood of neck injuries in rear-end collisions. “Earning poor overall ratings were seven models subjected to a simulated crash: versions of the 2004-2006 model years of the Dodge Grand Caravan and its corporate…
Day on Torts
Tort Law Tidbit – Volunteer Liability
Did you know that there is a federal statute that provides certain limitations on the liability of “volunteers?”
Tort Law Tidbit – Loss of Consortium Under the GTLA
Under the definitions in most insurance policies a loss of consortium claim is included as part of a personal injury claim and therefore the two claims count as one claim for purposes of liability coverage. Did you know that under the Governmental Tort Liability Act loss of consortium is a…
Christmas – It’s not Just for December 25 Anymore
You may remember that the Congress passed a $287,000,000,000 transportation bill last month. What you may not have known is that a tort reform measure was slipped into the bill. Transportation bills gives “pork” a bad name. Historically, they have been filled with local projects of questionable value. But now…
New Jersey Vioxx Trial
Vioxx vs Patients – Round 2. Venue: NJ The trial is underway, and the defense has already violated the Judge’s order not to attack the plaintiffs’ lawyers. They spent alot of time attacking Mark Lanier in round one, and it worked so well there I guess they thought they should…
What is a Sunday Spoof?
A Sunday Spoof is my occasional attempt to inject a little fun into my otherwise dull life that is overly consumed by the law. It is my attempt to have fun with the law and current events in a way that I hope will cause you to smile. I will…
Federal Civil Trials Decreasing
Federal tort trials are dropping like President Bush’s approval rating. From fiscal year 1985 through 2003 the number of federal tort trials dropped 79%, from 3600 to less than 800. Only 2% of all cases in that time period went to trial. There were less than 100 products liability trials…
Bluff City Report: Judges and BBQ
Today I am in Memphis to participate in the evaluations of our appellate judges. A couple years ago Lt. Gov. John S. Wilder appointed me to the Judicial Evaluation Commission. The Commission has the responsibility of evaluating judges and composing a summary statement about each judge for publication in newspapers…
Lyin’ and Cheatin’ in Discovery: Chili Seller Gives the Finger to the Plaintiffs and Co-Defendants
Anna Ayala ain’t got nothin’ on these folks. You remember Anna – she gave Wendy’s the finger – in a bowl of chili – and then said that Wendy’s gave it to her. She is going to prison. Now, a food supplier – of chili – has given the finger…
Federal Trucking Rules Effective October 1
The Bush Administration is pushing forward with new trucking rules, even though the D.C. Circuit Court of Appeals found a similar set of rules “arbitrary and capricious” and “a threat to driver’s health” just last year. The rules come into effect October 1, 2005. Here is a summary of the…