I file lawsuits for a living.  Thus, I understand that reasonable minds often differ about whether there is liability in a given situation, often because there is a dispute about the facts.  I also understand the idea of pushing the legal envelope – of attempting to expand the law to create a cause of action that will advance the overall cause of justice.

But a recent  lawsuit threw me for a loop.  David Carradine’s widow has apparently sued the French production company that was handling the actor’s last film, alleging that Mr. Carradine would still be alive if he had not been left in the hotel alone the night of his death.

Mr. Carradine was  was found dead on June 4, 2009 in his Bangkok hotel room —  a likely victim of auto-erotic asphyxia.  Allegedly, there is a  photo of Carradine  (published by a Thai tabloid) which shows a body suspended from a bar in a closet, with his hands bound together above his head. Carradine’s genitals were also tied.  It is reported that the  family hired a doctor to do a private autopsy and determined that the cause of death was accidental asphyxiation. 

Ok, so this post  is not about tort law.  But it is information that tort lawyers (or their assistants) can use.

Sometimes it is handy to create a demand letter or another document and use hyperlinks to allow the reader to quickly and easily view other documents that will be of assistance to the reader.  

This blog post from Acrobat for Legal Professionals explains how to do it.

The United States Supreme Court has agreed to consider whether the family of a woman killed in a car accident should be permitted to bring suit against Mazda Motor Corp. alleging that the death was caused by the failure of Mazda to install three-point seatbelts in its 1993 MPV minivan.

Here are the questions presented in the case:

1.  Where Congress has provided that compliance with a federal motor vehicle safety standard “does not exempt a person from liability at common law,” 49 U.S.C. § 30103(e), does a federal minimum safety standard allowing vehicle manufacturers to install either lap-only or lap/shoulder seatbelts in certain seating positions preempt a state common-law claim alleging that the manufacturer should have installed a lap/shoulder belt in one of those seating positions?

The Court of Appeals for the 4th Circuit ordered a district judge to re-consider the fee to be awarded to plaintiff’s counsel in a personal injury case that resulted in a $18M dollar settlement.  The district court had cut the fee from $6M to $600,000.

The appellate court concluded that the district court had disregarded the nature of contingent fee contracts in cutting the award.

The case is Pellegren v. National Union Fire Company, No. 09-1285 (4th Cir. May 18, 2010).

Max Kennerly has this interesting post that sprung from a post on Kevin, M.D. about a doctor who was a victim of poor medical care.  The doctor went to a lawyer, not because she wanted money (she said) but because she wanted an apology.  The lawyer couldn’t take her case because it was not economically viable.  The doctor never got the apology she said she wanted.

I have represented patients in medical malpractice cases for 29 years.  I have been contacted many times over the years by  health care professionals to represent them in medical malpractice cases, and I am surprised to learn how little they know about the complexities of actually bringing the case.  My assumption is  that they have been taught that medical malpractice cases are routinely filed and won, and that cases are resolved based on sympathy and emotion, not laws and medicine.  Anyone with any knowledge of the system knows that is simply not true and, for every plaintiff that wins a brain damaged baby case on the basis of "sympathy" there are five cases in which plaintiffs with valid cases lose because  "Dr. Smith may have dropped the ball on this one but he is such a nice guy and volunteers as the team doctor for the high school football team."

Likewise, I am constantly amazed at how angry these health care professionals get when I  do not automatically accept their view of the case or decline a case because it is not economically viable.  Let me recount a recent example. Note:  to avoid any risk of someone recognizing this event or the people involved, the gender of those involved may or may not be correct and the facts of the underlying event may or may not have been altered.  Those portions of the post that go over the discussion with the prospective client are accurate.

Are you a male lawyer who finds a woman in your office particularly attractive?   Are you weird enough to even contemplate secreting a camera under her desk and filming  …  whatever?

Well, it allegedly crossed the mind of this Atlanta tax lawyer, and he is accused of actually putting his thoughts into action.

Free legal advice:  don’t do that.

The Tennessee Administrative Office of the Courts has released a database that allows the public to see what number of cases were closed in each judicial district and by each of the trial judges in the state.  The database allows searches by judicial district or by judge.

When a judge’s name is pulled up the reader can see how many cases were closed in the last fiscal year.  One can also see a list of the judge’s case that went up on appeal during the year, but only if an opinion has already been issued.  Unfortunately, to determine the judge’s reversal rate, you have to open and read each of the opinions.

This information is interesting, but can be misinterpreted.  First, the statistics tell us nothing about the complexity of the cases handled by the judge.  A judge may end up with a number of medical malpractice cases, all of which involve more motion practice than the typical car wreck case and which can consume days of trial time.

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