The Wisconsin Supreme Court struck down the state’s med mal cap, saying that even under the rational basis test the cap did not meet constitutional muster. The med mal insurances companies and the docs are upset. What the insurance companies and the doctors don’t understand is that rational basis does…
A New Jersey state court trial judge has certified a nationwide class action on behalf of unions and other third-party payors of health claims in a lawsuit alleging that the companies would not have paid for Vioxx had they been warned of the dangers of it. The suit is brought…
I wrote yesterday that a trial judge was going to permit the pathologist who performed the autopsy of the plaintiff’s decedent in the Vioxx case to testify. How important is that testimony to the plaintiff? Well, a good guage of that is that Merck has appealed the decision in the…
One of the big fights in the Vioxx trial underway in Texas is the cause of death. The Plaintiff has been granted permission to have the pathologist who did the autopsy testify – and she is giving great testimony that supports the plaintiff. Here is the complete article: KRISTEN HAYS…
Morgan Adams recently pointed out that this site has the codes for reading crash reports from most states. Great tip, Morgan.
Lawyers have a lot to worry about. It’s an occupational hazard. Want one more stressor on your plate? If you’re filing electronically, and the court’s website runs so slowly that you start before the filing deadline but finish an hour after the deadline, your filing may not count. Read about…
Well, I am still in Toronto at the ATLA Convention. The Covention has been great; it is wonderful to see old friends and meet new ones. The word here is that the Vioxx trial in Texas is going great for the plaintiff. I have been receiving daily transcripts and from…
Here is a link to an interesting blog about probate litigation. We were involved in a significant will contest several years ago that ended up going to the Tennessee Supreme Court (Rule 11 denied) and then, believe it or not, to the United States Supreme Court (cert. denied). It was…
Over at our Tennessee Business Litigation blog, read about an Arkansas state judge’s decision to order sanctions against a nursing home chain in a class action suit. The sanctions arise from failure to produce emails and other electronic documents, and include $25,000 in attorney’s fees and possible jail time.
General Motors has been the leader in putting event data recorders, or so called “black boxes,” in its passenger vehicles. These devices record a vehicle’s speed, brake systems, seat belt status, and other information in the seconds before an airbag is deployed. Since 1990, GM has been progressively increasing the…