Well, we now we know what 12 people thought about the charges brought by the DA against the King of Pop. I did not follow the trial closely enough to offer an opinion about whether or not I agree with the jury, although I must say that the defense seemed…
Client loses products liability case on summary judgment. Client gets different law firm and sues expert and expert referral service, saying that expert was unqualified and misrepresented qualifications. Client does not sue lawyer. Expert and expert service then sued the plaintiff’s lawyers for equitable indemnification, saying that the lawyers should…
This is a fascinating opinion. Defendants in medical negligence cases try to argue that, say, because a bowel is perforated in 15 in 10,000 cases of a certain surgery it was not negligent to perforate the bowel in the subject surgery. The Supreme Court of Virginia just ruled that that…
We can’t always talk about negligence and other tort law topics. Here is a fascinating article by Frank Rich.
I wrote on May 24th about Guidant Corporation. Not surprisingly, Guidant has been hit with class action suits concerning its defective defibrillators; read the accompanying article. This suit does not appear to include people whose loved ones who have already died because of a malfunction of the device; however, I…
I apologize for the absence of a post yesterday. I got to the office at 7:00 a.m. and sat down to do a little fact research on the computer. I got wrapped up in that research and it gave rise to re-writing two motions on discovery issues in a pending…
A settlement has been announced in the products liability cases involving the drug Zyprexia. This drug is alleged to cause diabetes and other serious health conditions. About 7000 lawsuits concerning the drug are pending. Plaintiffs have a right to opt out of the settlement, which was negotiated between a steering…
I argued a case before the Tennessee Supreme Court yesterday, and reflecting on that experience last night gave rise to several thoughts that I would like to share. First, although I have had the opportunity to argue cases before the Court in the past, yesterday is a particularly memorable experience.…
The Bush Administration decided to pursue the case against the tobacco companies originally filed during the Clinton Administration. The Justice Department has spent the last 5+ years working on the case and it has been in trial for months. One of their experts said the proposed remedy would cost $130…
This should scare the hell out of every one of us who try lawsuits for a living and have to rely on or fight against “scientific studies.” This article from the Washington Post tells us that (a) “more than 5 percent of scientists answering a confidential questionnaire admitted to having…