This article in the Tennessean is a tragic reminder of how quickly a life can be lost as a result of carelessness. A truck driver for Diamond Logistics fell asleep at the wheel, went into a parking lot at a local market, and killed one man and injured three others.…
Here is an article from Time about hospitals and doctors going after doctors in the name of “peer review.” I recently defended a physician charged by a hospital with poor patient care. I must say that after reviewing the charts I was surprised at the charges – not a single…
I ride a BMW 1200 CLC. My wife rides a Harley Sportster. I did not ride until I hit the age of 45 but I must confess there is nothing quite like riding a motorcycle on a country road on a fall or spring day. It is a blast –…
The weekend after Thanksgiving 2005 I will be speaking at a seminar in Cozumel that will be of particular interest if you want to scuba dive. The seminar is sponsored by the Bench Bar Committee of the Tennessee Judicial Conference. Attendees will stay at the Fiesta Americana, an all-inclusive resort.…
There are many ways that defendants fight medical negligence cases. Some battles are fought in the courtroom. Some are fought in the Legislature. Others are fought against the doctors who choose to testify for plaintiffs. Read this article about what can happen if a group of doctors doesn’t like your…
There is a new study out that maintains that relatively minor changes in highway design can say lives. The study, by the Insurance Information Institute, explains that “urban roads ‘weren’t built to accommodate today’s heavy traffic. They’ve evolved as traffic has increased, and they haven’t always evolved in the best…
The NYT has done a review of the testimony to date in the Texas Vioxx trial. The Times concludes that the plaintiff has the upper hand, which one would hope would be true since the defense has not put on its case yet but is still good news for the…
Have you had the opportunity to check out our Business Litigation Blog yet? It is full of information for those of us who involved in commmerical disputes. For example, here is a link to a post on the issue of when attorneys’ fees must be litigated.
The Plaintiff closed her case yesterday in the Texas Vioxx trial, and Merck called its first witness, a researcher. One of Merck’s arguments is that the decedent was a smoker. His widow testified that he had not smoked in 15 years. I assume that Merck has at least one defense…
Remember the anthrax scare in the months following the 9/11 attacks? Remember Mr. Z? If you don’t, this opinion will refresh your recollection. Mr. Z was named in some New York Times articles and did not appreciate being called a terrorist. He sued, had his case dismissed, but the Fourth…