This is another tort law tidbit. I do not know why anyone would ever take one of these cases, but Tennessee law gives immunity to those property owners or occupiers who intentionally or accidently cause injury or death to a person who a perpetrating one or more of several enumerated…
Yesterday I had the opportunity to testify before a group of state legislators interested hearing debate about a bill designed to limit the ability of patients to file medical malpractice lawsuits and recover adequate compensation when they do. The bill, HB 2122, includes a provision that would give a defendant…
Everyone has heard about the allegations of Anna Alaya: she says she found a finger in the chili she bought at Wendy’s. Wendy’s says that ain’t so. Indeed, someone has persuaded the Sana Jose police to search the woman’s home in search of – I guess – evidence that the…
The Food and Drug Administration has asked Pfizer to withdraw Bextra from the market “because the overall risk versus benefit profile for the drug is unfavorable.” Pfizer has agreed to do so pending further discussions with the agency. Here is a the FDA press release. The press release goes on…
You cannot (or at least I cannot) get a real feel for a motor vehicle accident scene without going there. I need to stand and watch traffic move in the area. I want to look at the scene from the viewpoint of all of the participants. I have to get…
Are you thinking you got the wrong blog? Bankruptcy law? What does John Day know about bankruptcy law? The answer is “absolutely nothing.” Well, that is not quite true; I know enough about bankruptcy law to know when to call a bankruptcy lawyer. But this opinion caught my eye. In…
Senator John Cornyn (R-TX) made a speech recently wherein he wondered about a possible connection between violence in courtrooms and activist judges. You really have to wonder about the intellect (or, at least, the intellectual honesty) of a person who would make such remarks. The suggestion that a criminal court…
The March 28, 2005 edition of Lawyers Weekly USA reports several cases on behalf of nursing home residents killed by fire ants. In Florida, a 73 year old man recuperating from surgery was attacked by fire ants. The lawsuit against the nursing home settled for $1,870,000. The family of a…
The Tennessee General Assembly has a myraid of tort “deform” bills pending in the medical malpractice field this year. Generally speaking, the bills want to cap damages on meritorious cases, limit attorney’s fees for lawyers who represent patients, cut off subrogation interests, impose periodic payments, etc. The newest example of…
A recent editorial quotes the results of a Florida study that demonstrates that there has not been the dramatic increase in the numbers of malpractice cases represented by the insurance industry and doctors. The editorial said that “the research showed that while the state’s population climbed by 31.5 percent in…