Aren’t you sick and tired of these jerks who attack your clients and your profession? I have been jerked around at Little League games, my kids’ basketball games, cocktail parties, church – it never stops. Here is some ammo you can use to fight back – unless you think that…
The Manual on Uniform Traffic Control Devices is available, free of charge, online at the Federal Highway Administration website. The site not only has the latest 2003 edition, but goes back as far as the 1993 revisions. You should be able to find the right edition to address any pending…
Any lawyer can benefit by reading a good closing argument in any case. Of course, it is better to see it live – the paper cannot capture the emotion of an argument. But if you don’t have time to sit around in courtrooms all day a transcript is the way…
Consumers and trial lawyers have been saying for years that if doctors would do a better job establishing standards and policing their own there would be less injuries and death and therefore less malpractice claims and (maybe) lower malpractice insurance. The anesthesiologists figured this out and today, in constant dollars,…
The good news is that the FDA has recalled Guidant defibrillators. Here is the press release that discusses the recall and lists the models that are being recalled. Somewhere between 40,000 and 50,000 people are affected by the recall. It is known that two people have died because of a…
As a lawyer who has done medical malpractice work for 24 years I am embarrassed to say this, but I came across this little tidbit a couple weeks ago while preparing for an argument in the Tennessee Supreme Court. Do we have the discovery rule for med mal cases? “Yes.”…
Ok – this article is not about the trial of a personal injury or wrongful death case. But it is about trial. And it is about the benefits of the use of technology at trial. We have used Powerpoint in trial for over five years. We first used digital video…
The California Supreme Court has handed down two puntive damages cases that interpret State Farm v. Campbell. One case is Johnson v. Ford Motor Corp., a case in which the plaintiff purchasers of a used vehicle proved that Ford had concealed a history of repairs to the vehicle. They also…
Filing negligence and other personal injury and wrongful death lawsuits is not only about proving fault, causation and damages but also about being able to collect a judgment. You have done your client no good whatsoever if you obtain a judgment that you cannot collect. One potential source of satisfying…
You tort and negligence law junkies may have been wondering where I have been the past few days. Well, I went to Knoxville on Tuesday for a committee meeting to work on the Tennessee Pattern Jury Instructions. Wednesday, Thursday and Friday I was at the Tennessee Trial Lawyers Association Annual…