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Day on Torts
Fen Phen
For an unflattering look at the current state of the fen phen litigation look at this article from The American Lawyer.
Upcoming Speech
I have been invited to speak at the Murfreesboro American Inns of Court meeting on April 28, 2005. The speech will address recent developments in tort and comparative fault law. The meeting is at the Stones River Country Club in Murfreesboro. The social hour begins at 5:30, dinner is at…
New Study Concerning Medical Errors
The American Association of Critical Care Nurses has issued a new study concerning medical malpractice in our nation’s hospitals. This is scary stuff. The reports says that each year “one in twenty in-patients will be given the wrong medication, 3.5 million will get an infection from someone who did not…
Federal Judges: Frivilous Litigation Not a Problem
A survey of federal judges concludes that there is not a problem with frivilous litigation in their courts. Seventy percent of the the judges surveyed said the frivilous litigation was a “small problem” or a “very small problem.” Only one percent of the judges said it was a “very large…
Woman Not Pointing the Finger at Wendy’s
Anna Alaya, the woman who allegedly found a finger in a bowl of Wendy’s chili, has decided not to sue the organization. Read about it here. Weny’s is still offering a $50,000 reward for information about the source of the finger.
Discovery in Bad Faith Cases
The Florida Supreme Court recently held that a person bringing a first-party bad faith action against an insurance company has the right to discover all materials contained in the underlying insurance claim and related litigation file. Read the decision by clicking here. In this type of case there is always…
Effective Appellate Advocacy
Here is a great article written by Robert Gilbreath in Certworthy, a publication of the DRI Appellate Advocacy Committee. I found it with the help of Evan at his Illinois Trial Practice blog. The article summarizes points about appellate advocacy made by Karl Llewellyn in a 1960 law review article.…
Upcoming Seminar Programs
Last year former Justice Penny White, former Judge Joe Riley and I started a seminar program call “Justice Programs.” We had seminars across the State last fall. The program had great attendance and great reviews. Penny, Joe and I are doing a similar program this year, but we have lengthened…
New Personal Jurisdiction Decision
The Tennessee Court of Appeals has issued a new opinion finding that Tennessee has in personam over a Georgia bank sued by a Tennessee business. Progeny Marketing v. Farmers and Merchants Bank arises out of a claim by the plaintiff that it was not paid for certain work it did…