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…
Day on Torts
Lawsuit Against the Vatican
One lawyer has taken a priest sex abuse case to the top – he has sued the Vatican. A well-known Louisville lawyer filed suit against the Vatican, saying that it knew of the abusive activities of a priest. The Vatican is trying to get the case dismissed.
Davidson County Building Codes
Here is a link to the building codes that are supposed to be followed in Davidson County.
MSDS
Do you have a potential case where you need to know something about a chemical substance? Look first to MSDS – Material Safety Data Sheets. These documents may be found here. MSDS have lots of information, including … Section 1 – Product and Company Identification Section 2 – Compositon/Information on…
Frivilious Medical Malpractice Case
Click here to read about yet another example of a greedy trial lawyer filing a frivilous lawsuit for a greedy plaintiff.
Rule 407 – Subsequent Remedial Measures
Subject to several exceptions, Rule 407 prohibits the introduction into evidence of subsequent remedial measures. The Third Circuit Court of Appeals has just joined several other circuits in holding that the exclusionary rule does not apply when the remedial measures are made by a third party. Judge Smith wrote that…
OSIs
They are called OSIs – other similar incidents. Plaintiffs try to get them admitted into evidence in products liability cases to show evidence of defect and knowledge of defect. The incidents must be “substantially similar” and there is (almost) always a fight over what falls within that catergory. Here is…
Auto Death Rates Down
Good news. Overall, the Department of Transportation said alcohol-related fatalities fell 2.4 percent, from 17,105 in 2003 to 16,694 in 2004. 42,636 people died on the nation’s highways in 2004, down 248 – or 0.6 percent – from the previous year. Read a more complete summary of the data here.…
Medical Monitoring
What do you do when you represent people who have been exposed to a dangerous substance but to date have not experienced an injury? Some lawyers have brought what is known as a medical monitoring claim, asking that the defendant be required to pay money to monitor the health of…
ATLA Convention
I ran into fellow blogger David Swanner of the South Carolina Trial Law Blog in Toronto. He was kind enough to grab me as I was walking along oblivious to my surroundings and introduce himself. He has a great blog and a great collection of powerpoint presentations from various lawyers.…