Read this release hot of the press from the New York Times: May 5, 2005 Merck Announces Resignation of Chief and Names Replacement By THE ASSOCIATED PRESS NEW YORK – Merck & Co. said Thursday that Raymond V. Gilmartin is stepping down effective immediately from the top leadership spots at…
Day on Torts
Maine Rejects Catholic Church’s “First Amendment” Defense in Pedophile Priest Case
The Maine Supreme Court has ruled that the Roman Catholic Bishop of Portland cannot assert the First Amendment as a defense to a claim of negligently supervising a pedophile priest. The Court reviewed the First Amendment law on point and noted that “[t]he Diocese has not asserted that it actually…
Immunity from Defective Products Makes Our Nation Safe from Terrorists
The Bush Administration’s solution to most problems is to cut taxes for people who make more than $100,000 per year. The Department of Homeland Security has figured out a different way to make our society safer from the threat of terrorists – extend immunity from suit to companies who make…
Article Questions Need for Revision of Vioxx Study Report
A new article from Bloomberg reports that changes may have to be made to an Annals of Internal Medicine article linking Vioxx to heart problems. Here is the complete article. Tuesday, May 3, 2005 By JULIANN WALSH BLOOMBERG NEWS The Annals of Internal Medicine may publish a correction to a…
Judge to Hold Hearing to Continue First Vioxx Trial
According to a press report, both sides to the nation’s first Vioxx trial have asked the judge to continue the trial date. The trial is set for May 23, 2005. Both sides asked for a continuance because federal judge Eldon E. Fallon, the judge presiding over the Vioxx MDL, asked…
Veterans’ Judgments Challenged by Bush Administration
Seventeen veterans won judgments against Iraq for being tortured during the first Gulf War. The Bush Administration has filed a brief opposing the right of the veterans to collect these judgments. This post by Dave Lindorff has an interesting take on why the Administration would not be supporting our veterans.…
Can a Plaintiff Introduce Evidence That He Paid Medical Bills Out of HIs Own Pocket?
Plaintiff’s vehicle was rear-ended by a vehicle driven by Defendant and Plaintiff was injured. Defendant successfully moved in limine for an order prohibiting Plaintiff from introducing evidence or arguing that he had paid his medical bills out of his own pocket. Defendant hired a doctor to evaluate the plaintiff; that…
Blue Chipper – Negligent Infliction of Emotional Distress
I have already written about one blue-chip case in the field of negligent infliction of emotional distress. This case is the second decision to advance the law in the field. In Ramsey v. Beavers, 931 S.W.2d 527 (Tenn. 1996), the court reversed the dismissal of a lawsuit filed man who…
Tort Law Tidbit – Tape Recordings
Can I tape record a hearing or trial? Yes. T.C.A. Sec. 20-9-104 gives a lawyer the right to use a tape recorder as an aid in making notes of any public proceedings.
Piercing the Corporate Veil
The Court of Appeals just handed down a new decision that addresses the circumstances under which one may pierce the corporate veil. The case is Boyles v. National Development Company; read the opinon here. The court affirmed the imputation of liability through the corporation to the person who set it…