Expert witnesses. Can’t live with ’em. Can’t live without ’em. Can’t kill ’em. Buy me a drink sometime and I will tell you expert witness stories that will make your head spin. Or, let me buy you a drink and I will bore you with the same stories. But I…
Did you know that the Criminal Injuries Compensation Act has a subrogation provision? T.C.A. Sec. 29-013-113 requires that a crime victim who receives payments under the Act and later receives damages in a civil action re-pay the State for monies received under the Act. If a civil action is filed…
Why? Because, unfortunately, part of the job of being a tort lawyer who represents patients and other negligence victims is staying on top of issues that affect current and future clients. I have monitored tort “reform” legislation since 1984. I have testified on our Capitol Hill numerous times since 1985;…
Public Citizen has just released new information that sets the record straight on various facts concerning medical negligence. A few highlights: 1. At the same time that insurance rates in some areas have been climbing, the number and total value of malpractice payouts to patients have been flat since 1991…
Thanks to Robert Ambrogi for telling us that the ABA Section of Litigation offers a free , weekly e-mail newsletter with litigation tips from James McElhaney. McElhaney writes a regular article for the ABA publication Litigation (which, by the way, is one of the best litigation oriented magazines out there)…
Use this link to access a free version of the Tennessee Code. This site allows ready access to the sections before and after the section you want to review; you can even easily read an entire chapter if you want to do so. Maybe you can do that on Westlaw,…
That title is so misleading. Today’s hearing has nothing to do with modifying the health care system to prevent injuries and death from medical malpractice. Today’s hearing will determine whether the Civil Practice Subcommittee of the House Judiciary Committee will vote-out a bill to restrict the rights of people who…
Well, the Civil Practice Subcommittee met today but the sponser of the two “reform” bills asked that the bills be “rolled” (continued) until next week. The sponser indicated he wanted to amend the bill to address some of the issues I raised in the hearing of 12 days ago. Next…
The United States Senate has heard testimony from the DOT Inspector General about the need for stronger deterrents to deter “egregious” hour-of-service violations in the absence of mandatory on-board data recording devices for over-the-road truckers. Tragically, the inspector said that some truckers view the current fines as just a cost…
Believe it or not, there is an entire website dedicated to educating you on the currrent application of the Daubert decision. This site includes the original decision, later decisions by the USSC on the subject, cse law by area of expertise, recommendations on tactics, some state law decisions, and more.…