Interested in knowing some more info on health care costs? See Rebecca Blair’s post on our Medical Malpractice Blog.
You won’t believe the difference between med mal settlements and judgments in the United States and Canada.
Vioxx Trial – Round 1 – A Review
Here is an interesting article about the first Vioxx case that has made it to trial.
Look at the article’s description of the defense team:
“Judging from its lawyers involved in Ernst, Merck should have its own gallery of litigation support. Leading the case as co-chairs are Fulbright & Jaworski partner Gerry Lowry of Houston and partner David Kiernan of Washington, D.C.’s Williams & Connolly. They will be receiving assists from lawyers in Fulbright’s Houston and Dallas offices. Josephson and two other Baker Botts attorneys are also listed as counsel for Merck on court documents. And overseeing all Vioxx litigation on a national level is New York-based Hughes Hubbard & Reed.”
Merck Cost Lives by Bluffing on Vioxx Safety
The more information trickles out about Merck’s knowledge of the risks of Vioxx, the worse the company looks. NPR has a great piece about Merck’s efforts to publish articles that downplayed the risk of heart attack and stroke due to Vioxx use. Listen to the story here (follow the link, and click on “Listen” underneath the headline).
It is the Weekend
Another long week ….
I am at our cabin which is located about 80 miles south of Nashville. We are on Tim’s Ford Lake, a 10,000 acre, 34 mile long TVA lake created by the waters of the Elk River. My wife is preparing for a products liability trial that starts in federal court on July 25 so I am here trying to juggle 2 kids, 2 of their friends, and our black lab, Doobie.
It remains to be seen what percentage of my already diminished sanity level I will have on Monday morning. If it rains I will be in rehab in Arizona by Sunday.
You Won’t Believe …
You won’t believe how many people died last year as a result of hospital acquired infections in Pennsylvania hospitals.
Go to our Medical Malpractice Blog at www.medmalblog.com to find out.
Motion to Rely Upon Requests for Admissions
Requests for Admissions under Tenn. R. Civ. P. 36 must be responded to within 30 days. If your opponent fails to respond to a request for admission, technically the facts are deemed admitted. To rely on the admission, however, Tennessee Dept. of Human Servs. v. Barbee, 714 S.W.2d 263 (Tenn. 1986) says that you need to bring the admission to the court’s attention through a special motion. Not much should be required to establish your opponent simply never responded, so this form motion should take care of it. Download file
Barbee needs to be overruled – the requirement that this type of motion be filed makes little sense. In the meantime, however, this motion should be of some help to you.
Hot Case!!!!!!!!
The Wisconsin Supreme Court has ruled that the State’s $350,000 cap on non-economic losses is unconstitutional under the State’s equal protection clause.
An excerpt: “The court must presume that the legislature’s judgment was sound and look for support for the legislative act. But the court cannot accept rationales so broad and speculative that they justify any enactment. “[W]hile the connection between means and ends need not be precise, it, at least, must have some objective basis.[Footnote omitted.] While we adhere to the concept of judicial restraint that cautions against substituting judicial opinion for the will of the legislature, we do not abdicate judicial responsibility. To hold that a rational basis exists for the $350,000 statutory cap on noneconomic damages in medical malpractice cases would amount to applying a judicial rubber stamp to an unconstitutional statute.”
More later – I have got to get to work.
Libel Case Involving Former Alabama Football Coach
Former Alabama football coach Mike Price is suing Time, Inc. for defamation because of a Sports Illustrated article that stated that he engaged in sexual conduct with several women in a hotel in Florida. Price was fired from his job.
There is a fascinating article on the front page of today’s WSJ about this case. Click here to read the article (registration required). My friend Steve Heninger from Birmingham represents Coach Price; he could not have a better lawyer.
If You Want to Write Fiction, Write a Novel
The only thing more frustrating than a lawyer who lies in memos and briefs is a judge who refuse to call down the lawyer that did it. Part of the judge’s job is to rein in people who knowingly misquote cases or misquote the evidence in cases.
I am not talking about lawyers who make an argument based on decision that could be distinguished by the dimmest dimwit in the Bar. That is poor lawyering, but it is not dishonest. And there is nothing wrong with taking the strongest view of the facts supported by the record, particularly if you are entitled to take that position under the case law.
I am talking about people who routinely insert material into memoranda of law and briefs that is not true. That will stop if judges are willing to call the offending lawyer down on it.
Florida Supreme Court – No Independent Cause of Action for Spoliation of Evidence
The Florida Supreme Court has held that a person may not file a spoliation of evidence lawsuit against an adversary who has lost evidence concerning his or her personal injury claim. However, the trial court may give an adverse inference instruction on the point. Read the opinion here.
This decision is consistent with the law of most jurisdictions.
Thanks to Abstract Appeal for advising us about this decision.