Yesterday, AAJ released a new report on complete immunity preemption titled, Get Out of Jail Free: A Historical Perspective of How the Bush Administration Helps Corporations Escape Accountability. This report reveals how in a stealth effort coordinated at the highest levels of the Bush administration, federal agencies were repeatedly ordered to usurp state law and undermine consumer protections. To date, seven federal agencies have issued over 60 proposed and final rules with preemption language in the preamble and claimed the authority to provide immunity from state law.
Suit Against God Dismissed
Associated Press has reported that Nebraska State Senator Ernie Chambers’ lawsuit against God has been dismissed for lack of service of process. The suit sought a permanent injunction to prevent God from committing acts of violence such as tornadoes and earthquakes.
Just think, if God was a Tennessee doctor the suit could have never been filed because God could have never been served with notice as required under the new statute.
It just goes to show you: membership (in the TMA) has its advantages.
Race and Damages
Here is a fascinating article from the New York Law Journal about an opinion by Judge Jack B. Weinstein objecting to a defendant’s use of race-based statistics on life expectancy to reduce a damage award in a quadriplegia case.
A Comment About My SVMIC Post – And My Response
Last week I wrote a post called “SVMIC Rate Increase – NOT.” The post explained that SVMIC had not raised its insurance rates for its owner-doctors in 2008. Read the entire post here.
I then received this comment from Tom:
What’s wrong with making a profit? I am sure as a business owner that is your goal as well. Have you reduced the rates to your clients or decreased your contingency % this year (or in a year that you had large profits or extensive reserves)? While you may not like SVMIC’s clients or practices, they appear to be a well run company. Well-run company’s [sic] make profits. Poorly-run company’s [sic] get bailed out by the government.
Lawyers Want Less Stress, More Personal Time. Big Surprise
The folks at Robert Half Legal did a survey of 300 attorneys among the largest law firms and corporations in the United States and Canada. All respondents had at least three years of experience in the legal field.
Apparently, lawyers were asked, “If you could change one aspect of your job as a lawyer, which one of the following would it be?” an article says the responses were as follows:
| Decreased job stress | 31% | |
| Less hours at work or more personal time | 30% | |
| Accelerated career growth | 14% | |
| Greater professional autonomy | 5% | |
| Increased on-the-job training | 3% | |
| Higher salaries/compensation | 2% | |
| Other | 5% | |
| Nothing | 8% | |
| Don’t know | 2% | |
| 100% |
One of Robert Half Legal’s conclusions after reviewing the survey: "When it comes to retaining top legal talent, less stress and fewer hours on the job may matter more than compensation."
OK – that is probably true. What would be much more helpful is to know what amount of pay decrease lawyers willing to accept to get less stress and more free time. For example, 30% less pay for 30% less work? No employer in its right mind would accept that deal under ordinary circumstances.
SVMIC Rate Increase – NOT
Did you hear about the State Volunteer Mutual Insurance Company rate increase? No, you didn’t – because it didn’t happen.
Typically the media gets a press release from SVMIC saying that insurance is increasing X% and we hear from the TMA that the world is coming to come to an end as a result of it.
This year, nothing. Recall of course that the inflation rate in 2007 was close to 3% and this year it is running over 4%. The health care inflation rate is almost double the normal inflation rate. Thus, is would be reasonable to assume rates would increase every year.
E-Discovery Resource
Kroll Ontrack has a searchable list of e-discovery cases from around the nation.
To access the list, click here.
Electronic Data Recorders
Here is an interesting article from Auto Week about new and improved (?) electronic data recorders.
EDRs currently obtain data from airbags, yaw and stability sensors, antilock brakes, traction controllers, throttle controls and engine monitors. They initiate only when sensors indicate that a crash is imminent or has occurred. Some also keep data such as secondary impacts and vehicle roll angle for as much as five seconds after a crash.
However, the new version of the "black boxes," called vehicle status data recorders (VSDRs), run constantly and collect additional data such as wheel and engine speed. Used by Nissan, VSDRs gathers and stores vehicle operating data. Some fear that the information can be used for voiding warranties. Others have privacy concerns.
A Handbook for Tennessee Tort Lawyers 2009
A Handbook for Tennessee Tort Lawyers 2009 has been sent to the printer.
The 2009 of the book follows the same format as the 2008 version. It has been expanded to include 8 new chapters and 28 new sections on tort law subjects for a total of 262 sections. Each section includes the key language of the leading case on that subject and, as appropriate, citations to other important cases on the subject. Also included is a reference to all opinions released in the last year on tort law organized by chapter and section.
The book also includes the full text of all of the new statutes of interest to Tennessee tort lawyers.
Deposition Questions
The NITA Blog has a very good post entitled "21 Questions to Consider When Starting A Deposition."
A sample:
7. Are you on any drugs or medications or alcohol that you think will interfere with your ability to answer my questions?