Day on Torts

April 4, 2006

Vacanies on the Tennessee Supreme Court

The Appellate Cour Nominating Commission will be meeting on April 20 and 21, 2006 to select three people to recommend to the Governor to serve on one of the two open spots on the Tennessee Supreme Court.

As of the application deadline of March 31, 2006, at 4:30 p.m. CST, the following persons have submitted their application for this judicial position:

Judge Gary R. Wade
Judge D. Kelly Thomas, Jr.
D. Bruce Shine
Judge J.C. McLin
George T. “Buck” Lewis
J. Houston Gordon
Chancellor Richard H. Dinkins
Philip A. Condra
Stephen A. Cobb
Judge Frank G. Clement, Jr.
Judge D’Army Bailey

April 4, 2006

Off Topic – Tom Delay

by The Law Offices of John Day, P.C.

Tom Delay is resigning from Congress. For the latest on this issue, see this article from the Washington Post.

This article tells us how the circle is closing around Delay.

Or should I say noose.

April 3, 2006

Lead Paint

by The Law Offices of John Day, P.C.

Litigation against paint manufacturers for using lead in paint has been underway for years and the industry has always won.

Until now.

Here is a fascinating story about lead paint litigation in Rhode Island and the recent jury verdict for the State of Rhode Island after more than five months of trial. It includes juror interviews.

April 3, 2006

The Ugly Side of Tort Reform

by The Law Offices of John Day, P.C.

Texas passed damage caps and other legal “reform” measures and now people are starting to understand the harm that we predicted would occur.

This article explains the costs.

An excerpt: “But the reforms have exacted a high price, particularly among the very old and very young, patient advocates say. Because they can’t ask juries for large pain and suffering awards anymore, lawyers now look for cases in which a patient or survivors have suffered a large economic loss – generally, lost wages as a result of injury or death. Complex malpractice cases can cost $100,000 to prepare. If injured patients’ best earning days are behind them, or the patient is a child whose future income is impossible to predict, the potential rewards may be too small to make the case worth filing.”

April 1, 2006

Cost of Infections

by The Law Offices of John Day, P.C.

The Washington Post tells us that hospital-acquired infections cost more than $600M per year – and that is just in Pennsylvania!

An excerpt from the article: “Doctors, nurses and patients’ relatives have long known the risks of contracting an infection while in a hospital. But there has been little quantifiable data available on the cost of those infections, from a financial or a medical perspective. The average hospital payment for a Pennsylvania patient who did not have an infection was $8,078, compared with $60,678 for patients who did, according to the report by the Pennsylvania Health Care Cost Containment Council.”

Wouldn’t it be nice if doctors and hospitals spent their time and money trying to prevent infections rather than trying to reduce their financial responsibility for negligence? The cost of malpractice insurance in a drop in the bucket compared to the cost of hospital-acquired infections.

March 31, 2006

Lanier v. Merck, Round 2, Post 16

by The Law Offices of John Day, P.C.

The defense in the New Jersey Vioxx case has rested. Read more here.

March 31, 2006

Kim McMillan Announces Intention Not to Run for Re-Election

by The Law Offices of John Day, P.C.

Kim McMillan has announced that she will not run for re-election to the Tennessee House of Representatives.

Kim is a Democrat from Clarksville and has served for six terms (twelve years). She is the first female Majority Leader of the House in the history of the state.

Kim is one of the brightest and most articulate people in the House. She is also one of the few remaining lawyers in the Legislature.

March 30, 2006

Sanctions for Misconduct of Counsel

by The Law Offices of John Day, P.C.

Lawyers who cheat need to be popped – hard. Here is an article about a defense lawyer who commented during opening statement on evidence that had been excluded by the trial judge. The appellate court reversed an order of sanctions against him.

I was in a trial a little over a year ago where the defense lawyer repeatedly violated an order on a motion in limine. The lawyer knew that we did not want a mistrial and the judge refused to come down hard when the order was violated. I knew that asking for sanctions would be an exercise in futility.

I do not know all of the facts of the PA case so it is difficult to know whether the appellate decision is right or wrong, but from what appears in the article it seems to me that, at the very least, the defense lawyer knew or should have known that he was pushing the envelope. In my opinion it is the responsibility of the lawyer to know what the judge has ruled in limine, and if he or she does not understand the ruling to ask for a clarification. It is not appropriate to gamble on what the order means and ask for forgiveness later.

March 30, 2006

Lanier v. Merck, Round 2, Post 15

by The Law Offices of John Day, P.C.

The end is near in the New Jersey Vioxx trial. Here is the latest.

March 29, 2006

Lanier v. Merck, Round 2, Post 14

by The Law Offices of John Day, P.C.

More proof from the defense in the New Jersey Vioxx trial; read about it here.

The next federal Vioxx trial begins June 12, 2006.