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…
Day on Torts
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…
Waiver of Objection When Privilege Log Was Not Timely Served
How many times have you seen this discovery response: “Objection; this request for production of documents is vague, ambigious, oppressive, unduly burdensome, seeks information not reasonably calculated to lead to the discovery of admissible evidence, and seeks the discovery of material protected by the attorney client privilege, the work product…
Dealing with Difficult Clients
Here is an interesting article published by the ABA called “Dealing With Difficult Clients.” The article is a condensed version of a 14-page paper on the same subject. The author is Carole Curtis, a lawyer from Toronto. I recommend both, especially the 14 page paper. It is a helpful reminder.