Personal Injury Law

Study on Impact of Chrysler and GM Bankruptcy on Future Wreck Victims

Posted on June 24, 2009
A report from Safety Research & Strategies called "Public Safety at Risk: Bankruptcies Leave Legacy of Defects, Injuries and Deaths"  projects what will happen now that there will be 30 million GM and 10 million Chrysler products still on the road after bankruptcy agreements cancel the ability for accident victims to seek compensation by suing the companies...

Study on Impact of Chrysler and GM Bankruptcy on Future Wreck Victims

Posted on June 24, 2009
A report from Safety Research & Strategies called "Public Safety at Risk: Bankruptcies Leave Legacy of Defects, Injuries and Deaths"  projects what will happen now that there will be 30 million GM and 10 million Chrysler products still on the road after bankruptcy agreements cancel the ability for accident victims to seek compensation by suing the companies...

Luvera on Direct Examination

Posted on June 23, 2009
Paul Luvera does it again, this time with a nice post on conducting direct examinations on his  blog. Plaintiff Trial Lawyer Tips An excerpt:  Evidence is like an iceberg. The bottom below the surface may be enormous, but only the tip is can be seen above the water line...

ACOG Changes FHR Monitoring Guidelines

Posted on June 23, 2009
From ACOG's Press Release: Refinements of the definitions, classifications, and interpretations of fetal heart rate (FHR) monitoring methods were issued today in new guidelines released by The American College of Obstetricians and Gynecologists (ACOG)...

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ACOG Changes FHR Monitoring Guidelines

Posted on June 23, 2009
From ACOG's Press Release: Refinements of the definitions, classifications, and interpretations of fetal heart rate (FHR) monitoring methods were issued today in new guidelines released by The American College of Obstetricians and Gynecologists (ACOG)...

Luvera on Direct Examination

Posted on June 23, 2009
Paul Luvera does it again, this time with a nice post on conducting direct examinations on his  blog. Plaintiff Trial Lawyer Tips An excerpt:  Evidence is like an iceberg. The bottom below the surface may be enormous, but only the tip is can be seen above the water line...

Depositions of Expert Witnesses

Posted on June 22, 2009
What is your opponent going to do to prepare for your expert's deposition?  This article,  "The Opponent's Expert: Preparing for the Most Important Deposition in the Case,"  59 Fed'n Def. & Corp. Couns. Q.145 (2008), answers that question.

Depositions of Expert Witnesses

Posted on June 22, 2009
What is your opponent going to do to prepare for your expert's deposition?  This article,  "The Opponent's Expert: Preparing for the Most Important Deposition in the Case,"  59 Fed'n Def. & Corp. Couns. Q.145 (2008), answers that question.

A Wonderful Way to Spend A Saturday

Posted on June 21, 2009
It doesn't sound particularly appealing.  Leave Memphis Friday afternoon.  Drive to Nashville.  Pack a new bag.  Catch a flight to Charlotte.  Race through the airport from Gate E35 to B3.  Catch a flight to Mrytle Beach...

A Wonderful Way to Spend A Saturday

Posted on June 21, 2009
It doesn't sound particularly appealing.  Leave Memphis Friday afternoon.  Drive to Nashville.  Pack a new bag.  Catch a flight to Charlotte.  Race through the airport from Gate E35 to B3.  Catch a flight to Mrytle Beach...

Covenants Not to Compete

Posted on June 19, 2009
Here is a link to a blog on covenants not to compete - a fascinating area of litigation. Tennessee has a lot of law in this area, and a recent Tennessee Supreme Court case on the subject was essentially reversed by a new statute.  If you do this type of work you may find this blog of assistance to you...

Covenants Not to Compete

Posted on June 19, 2009
Here is a link to a blog on covenants not to compete - a fascinating area of litigation. Tennessee has a lot of law in this area, and a recent Tennessee Supreme Court case on the subject was essentially reversed by a new statute.  If you do this type of work you may find this blog of assistance to you...

New Business Tort Blog

Posted on June 17, 2009
B2B tort litigation is a growing phenomena, as big firm lawyers start to think outside of the box.  Here is a new blog dedicated to the subject -Unfair Business Practices. The blog focuses on unfair business and trade practices such as business conspiracy, breach of fiduciary duty, misappropriation of trade secrets and other proprietary information, fraud, tortious interference with contracts and other unfair business practices that are not neatly defined...

New Business Tort Blog

Posted on June 17, 2009
B2B tort litigation is a growing phenomena, as big firm lawyers start to think outside of the box.  Here is a new blog dedicated to the subject -Unfair Business Practices. The blog focuses on unfair business and trade practices such as business conspiracy, breach of fiduciary duty, misappropriation of trade secrets and other proprietary information, fraud, tortious interference with contracts and other unfair business practices that are not neatly defined...

More On Products Claims Against Chrysler and GM

Posted on June 16, 2009
The National Law Journal has this article on the future of products liability claims against Chrysler and GM.   The United States Supreme Court has not yet ruled on the petition of consumers and plaintiffs' lawyers concerning the Chrysler bankruptcy...

Bloomberg Article on Medical Liability Reform

Posted on June 16, 2009
"Malpractice Lawsuits Are ‘Red Herring' in Obama Health Plan" is the title of this article from Bloomberg. Am excerpt:  While Obama vowed to address physicians' malpractice worries in a speech yesterday, the annual jury awards and legal settlements involving doctors amounts to 'a drop in the bucket' in a country that spends $2...

More On Products Claims Against Chrysler and GM

Posted on June 16, 2009
The National Law Journal has this article on the future of products liability claims against Chrysler and GM.   The United States Supreme Court has not yet ruled on the petition of consumers and plaintiffs' lawyers concerning the Chrysler bankruptcy...

Bloomberg Article on Medical Liability Reform

Posted on June 16, 2009
"Malpractice Lawsuits Are ‘Red Herring' in Obama Health Plan" is the title of this article from Bloomberg. Am excerpt:  While Obama vowed to address physicians' malpractice worries in a speech yesterday, the annual jury awards and legal settlements involving doctors amounts to 'a drop in the bucket' in a country that spends $2...

NYT Reports President Is Talking About Restricting Med Mal Suits

Posted on June 15, 2009
Here is the article from today's New York Times.

The T. J. Hooper Case

Posted on June 15, 2009
We all read it in law school, and here it is again.  The  fascinating opinion by Judge Learned Hand in In re Eastern Transportation Co. (The T.J. Hooper), 60 F.2d 737 (2d Cir. 1932) reminds us that just because just an industry ignores safety practices that are readily available does not  mean that due care does not require the practice...

President's Speech to the AMA

Posted on June 15, 2009
  Here it is. An excerpt:  Now, I recognize that it will be hard to make some of these changes if doctors feel like they are constantly looking over their shoulder for fear of lawsuits. Some doctors may feel the need to order more tests and treatments to avoid being legally vulnerable...

President's Speech to the AMA

Posted on June 15, 2009
  Here it is. An excerpt:  Now, I recognize that it will be hard to make some of these changes if doctors feel like they are constantly looking over their shoulder for fear of lawsuits. Some doctors may feel the need to order more tests and treatments to avoid being legally vulnerable...

NYT Reports President Is Talking About Restricting Med Mal Suits

Posted on June 15, 2009
Here is the article from today's New York Times.

The T. J. Hooper Case

Posted on June 15, 2009
We all read it in law school, and here it is again.  The  fascinating opinion by Judge Learned Hand in In re Eastern Transportation Co. (The T.J. Hooper), 60 F.2d 737 (2d Cir. 1932) reminds us that just because just an industry ignores safety practices that are readily available does not  mean that due care does not require the practice...

Punitive Damages Study

Posted on June 12, 2009
The Social Science Research Network has an article available that is of interest to tort lawyers: The Decision to Award Punitive Damages: An Empirical Study. Here is the abstract: Empirical studies have consistently shown that punitive damages are rarely awarded, with rates of about three to five percent of plaintiff trial wins...

UPDATE on Medical Malpractice Notice and Certificate of Good Faith Statute

Posted on June 12, 2009
SB  2109   passed the Senate at 11:36 on June 4 and is now on its way to the Governor's desk.  The Bill  passed the House (HB2233) in May.   UPDATE:  The Governor signed the legislation on June 11.   Click here for information on the June 15 seminar on this important bill...

UPDATE on Medical Malpractice Notice and Certificate of Good Faith Statute

Posted on June 12, 2009
SB  2109   passed the Senate at 11:36 on June 4 and is now on its way to the Governor's desk.  The Bill  passed the House (HB2233) in May.   UPDATE:  The Governor signed the legislation on June 11.   Click here for information on the June 15 seminar on this important bill...

Punitive Damages Study

Posted on June 12, 2009
The Social Science Research Network has an article available that is of interest to tort lawyers: The Decision to Award Punitive Damages: An Empirical Study. Here is the abstract: Empirical studies have consistently shown that punitive damages are rarely awarded, with rates of about three to five percent of plaintiff trial wins...

Thinking About Contingent Fees

Posted on June 11, 2009
Maxwell Kennerly has written  an excellent post titled "Contingent Fee Business Lawyers as Venture Capitalists" at his Litigation and Trial blog. An excerpt: Day in and day out, the primary thing a contingent fee law firm does is spend lots of money...

Thinking About Contingent Fees

Posted on June 11, 2009
Maxwell Kennerly has written  an excellent post titled "Contingent Fee Business Lawyers as Venture Capitalists" at his Litigation and Trial blog. An excerpt: Day in and day out, the primary thing a contingent fee law firm does is spend lots of money...

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