Day on Torts

July 27, 2005

ATLA Convention Update

Well, I am still in Toronto at the ATLA Convention. The Covention has been great; it is wonderful to see old friends and meet new ones.

The word here is that the Vioxx trial in Texas is going great for the plaintiff. I have been receiving daily transcripts and from my review it seems like plaintiff’s lawyer Mark Lanier is scoring a lot of good points.

That being said, the first few trials in a products case usually result in defense verdicts. If this one does, people with “good” cases should not lose faith.

July 27, 2005

Probate Litigation Blog

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

Here is a link to an interesting blog about probate litigation.

We were involved in a significant will contest several years ago that ended up going to the Tennessee Supreme Court (Rule 11 denied) and then, believe it or not, to the United States Supreme Court (cert. denied). It was interesting work and, quite frankly, alot of fun.

The blog looks good, too!

July 26, 2005

Produce Emails or Go to Jail

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

Over at our Tennessee Business Litigation blog, read about an Arkansas state judge’s decision to order sanctions against a nursing home chain in a class action suit. The sanctions arise from failure to produce emails and other electronic documents, and include $25,000 in attorney’s fees and possible jail time.

July 25, 2005

GM Black Boxes

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

General Motors has been the leader in putting event data recorders, or so called “black boxes,” in its passenger vehicles. These devices record a vehicle’s speed, brake systems, seat belt status, and other information in the seconds before an airbag is deployed. Since 1990, GM has been progressively increasing the amount of information that the devices store. The National Highway Transportation Safety Administration published a paper analyzing GM’s event data recorders, including some great detail on the information stored in each variation of the devices and a technical explanation for how that information is recorded. Other manufacturers are following GM’s lead, so black box data can be an issue in any case involving a late model car.

July 24, 2005

Federal Website with Transportation Research Papers

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

The U.S. Department of Transportation maintains a website with journal articles, research papers, and other published research on transportation. There are articles covering a massive number of topics. It’s a good starting point if you’re looking for information about a roadway problem, the adequacy of signs and pavement markings, or temporary work zone issue.

July 23, 2005

ERISA Subrogation

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

Each one of us deals with it almost every day – subrogation or reimbursement.

Many of those plans are covered by ERISA. This post by John Wood on our ERISA blog may be of assistance to you.

July 22, 2005

Applications for Insurance Coverage

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

Have you ever got the feeling that the insurance company trying to sell you life insurance did not want you to tell the truth? Have you ever had an agent say “you don’t have to put that down?”

The questions on many applications are very difficult to understand. For instance, “Do you smoke?” I don’t consider myself a smoker in any shape, form or fashion, and no other sane person would. ( I have plenty of other vices, to be sure, but not this one.)

Nevertheless, I made the mistake of answering that question “Yes” 6 years ago because 2 or 3 times a year I used to smoke a cigar with the guys. I use the term “smoke” lightly – it would be more accurate to say that I allowed the cigar to burn between the index and middle finger of my hand while using my right hand to raise a Bombay Saffire on the rocks (two olives) to my parched lips.

July 21, 2005

Colin Farrell’s Right to Privacy

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

Colin Farrell does not want Nicole Narain, a former Playboy Miss January, to distribute a 15-minute video tape showing the two of them engaged in sexual activity.

They entered into an oral agreement to keep it private.

He alleges that she was about to market the tape, so he filed suit against her and her alleged potential co-distributors. Here is some (but not all) of the complaint. You can see a photograph of the defendant there, too.

July 20, 2005

Boston Scientific Stents

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

Boston Scientific makes stents. “Stents are tiny wire-mesh tubes used to prop open heart arteries after fatty deposits have been cleared away. The devices are inserted through blood vessels and deployed by a tiny balloon that is inflated, pushing the stent in place.” The company has had a problem with its Taxus line of stents, and did a voluntary recall this year.

An article in a frecent edition of the Wall Street Journal reported data from the FDA that at least 45 cases where it was reported that there were difficulties with balloon deflation and 86 cases in which balloons became stuck and were difficult to remove from patients. The problems resulted in three deaths and several injuries, the paper reported.

The FDA plans to take no action.

July 20, 2005

Lawsuit Filed Over Williamson County Shooting

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

Three teenage girls turned into the driveway of Mr. William Cherry around midnight because they were lost and low on gas. The driver says she turned into a driveway at the suggestion of the 911 dispatcher that she had called for help. Cherry, fearing that the occupants had come to rob him, allegedly fired a warning shot and then three shots that hit the car. Allegedly, the last two shots were fired as they were backing out of the driveway.

Mr. Cherry received pretrial diversion in a criminal case; the charges against him were reckless endangerment and aggravated assault.

The Tennessean now reports that the girls have sued him for emotional injuries arising from the incident. At least two of the girls have sought counseling.