Personal Injury Law

New Medical Negligence Certificate of Good Faith Form

Posted on October 20, 2008
The Administrative Office of the Courts has released the form that must be filed by plaintiffs in medical negligence cases (and by defendants who allege fault of another health care provider).  Both forms are available here. In general, a plaintiff must file the certificate within 90 days after filing suit...

Suit Against God Dismissed

Posted on October 17, 2008
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...

AAJ Issues Report About Federal Preemption

Posted on October 17, 2008
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...

Race and Damages

Posted on October 15, 2008
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.

To access this complete feed in the blog feed reader login or register for free.

A Comment About My SVMIC Post - And My Response

Posted on October 11, 2008
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...

Lawyers Want Less Stress, More Personal Time. Big Surprise

Posted on October 10, 2008
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?”  This 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...

SVMIC Rate Increase - NOT

Posted on October 09, 2008
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...

E-Discovery Resource

Posted on October 06, 2008
Kroll Ontrack has a searchable list of e-discovery cases from around the nation. To access the list,  click here.

Electronic Data Recorders

Posted on September 30, 2008
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...

A Handbook for Tennessee Tort Lawyers 2009

Posted on September 29, 2008
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 28  new sections on tort law subjects for a total of  262 sections...

Deposition Questions

Posted on September 22, 2008
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? 8. Is there anything else you are aware of that would keep you from giving full, complete, and accurate answers to the questions here today? 9...

Oregon Supreme Court Addresses Expert Testimony in Medical Malpractice Cases

Posted on September 22, 2008
The Oregon Supreme Court has released a fascinating opinion on expert testimony.  The Court stated that the Plaintiff experienced symptoms of pain, swelling, and discoloration in her left hand immediately after injection of a chemical called gadolinium; her pain and the discoloration have continued...

A Change at the Tennessee Tort Law Letter - And an Announcement

Posted on September 21, 2008
After over 13  years,165 editions, and no less than  1500 printed pages,  I have resigned from my position as the Editor of the Tennessee Tort Law Letter."   The September 2008 edition, mailed a couple days ago, is my final edition...

Mississippi Supreme Court Discusses Certificates of Merit in Med Mal Suit

Posted on September 19, 2008
The Mississippi Supreme Court accepted review of  a case where the plaintiff failed to attach either an attorney’s certificate of consultation, or an expert disclosure in lieu of the certificate, as required by Mississippi Code Annotated Section 11-1-58 (Rev...

Ohio Supreme Court Addresses Value of Services

Posted on September 19, 2008
I am Columbus, OH today speaking an Ohio Association for Justice seminar program.  The hotel where I am staying is right down the street from the Ohio Supreme Court building.  It is appropriate, then, that I write about a new opinion handed down by that court on the issue of damages that may be recovered by a spouse who took off time from work to care for a spouse injured by the negligence of another...

Themes for Product Cases

Posted on September 17, 2008
Paul Luvera is a highly-regarded trial lawyer from Seattle.  His blog has this great post on slogans (read: themes) for trying product liability cases for the plaintiff.

E-Discovery Research

Posted on September 15, 2008
Do you have an e-discovery issue?  Look to this database, which has over 1000 cases on the issue from state and federal courts, for assistance. Thanks to K&L Gates for compiling and maintaining this resource.

"Defending the Damages Only Case"

Posted on September 14, 2008
Smart defense lawyers know that sometimes the best defense is to admit liabilitiy and talk about damages.  This article  - "Defending the Damages Only Case" - is written by Mercer Clark of Miami.  It appeared in the Winter 2008 edition of the Federation of Defense & Corporate Counsel Quarterly...

Off Topic - Tina Fey as Sarah Palin

Posted on September 14, 2008
The Saturday Night Live video.

Standard of Care for Prescribing Medication

Posted on September 12, 2008
The Tennessee State Board of Medical Examiners has a policy about prescribing drugs.  It applies to any prescription written for a patient, whether in person, electronically, or over the Internet.  The policy includes the following: (1) Except as provided in paragraph (2), it shall be a prima facie violation of T...

Your PI Cases - The Government Has Its Hand Out

Posted on September 08, 2008
We all know that Medicare and Tenncare has a subrogation right in PI and wrongful death cases, but new information being sought by Medicare has lead some lawyers to believe that Medicare will now be looking at case proceeds for payment of future medical bills...

Off Topic - Speech to Nowhere

Posted on September 06, 2008
 Written by Will Bunch, as found at www.philly.com. Palin's Speech to Nowhere   Sarah Palin delivered a great speech tonight -- for her party, for John McCain, for herself, for what she set out to accomplish. This was America's  first real glimpse at the Alaska governor, and what we saw was a boffo politician who speaks in a plaintive prairie voice that channels America's Heartland like a chilling breeze rippling a field of wheat, who knows how to tell a joke, how to bring down the house and bring a tear to a few eyes...

Insurance Coverage Litigation?

Posted on September 05, 2008
In most states the duty to defend an insured in litigation is broader than the duty to indemnify that insured.  Here is a 50-state survey prepared by the highly regarded Chicago-based firm of Hinshaw & Culbertson on the duty to defend.  Here is how they describe the 105-page publication: Duty To Defend contains a survey of the law of the 50 United States and the District of Columbia on an insurer’s duty to defend a lawsuit against its insured and related topics...

"Your Plaintiff is a Scumbag"

Posted on September 03, 2008
It is not uncommon for the defense in personal injury cases to attack the character of the plaintiff.  It seems to me that young defense lawyers particularly enjoy doing this to uneducated, unsophisticated plaintiffs.  The defense in a products case in California  introduced evidence that the plaintiff had a mistress and was a bigamist...

"The Sun Made Me Do It!"

Posted on September 02, 2008
A defendant is permitted to argue that the light from the setting sun hindered his vision and that he was not negligent in failing to see (and then striking) plaintiff's car. The Kansas Supreme Court rejected the argument of the plaintiff that the defendant was negligent as a matter of law...

File. Serve. Now.

Posted on August 27, 2008
Tennessee Rule of Civil Procedure 4.01(3) provides as follows:  If a plaintiff or counsel for plaintiff (including third-party plaintiffs) intentionally causes delay of prompt issuance of a summons or prompt service of a summons, filing of the complaint (or third-party complaint) is ineffective...

Court Says Plaintiff is Entitled to Have Her Deposition Videotaped

Posted on August 22, 2008
A trial judge in New Jersey has ruled that a plaintiff may insist that her discovery deposition be videotaped over the objection of the defense. The judge ruled that "defense counsel’s objection is devoid of any specificity to constitute good cause...

Arbitration Agreements UPDATED

Posted on August 20, 2008
Nursing homes continue to attempt to avoid trial by jury by requiring residents to sign arbitration ageements.  And the Tennessee courts continue to insist that if nursing homes are going to do so they must follow the law. Here are two decisions that refuse to enforce arbitration provisions in nursing home contracts because they contracts were signed by a person other than the nursing home resident or appropriate representative:  McKey and Ricketts...

2009 Edition of Handbook Available Shortly

Posted on August 19, 2008
Day on Torts: A Handbook for Tennessee Tort Lawyers 2009 is almost ready to go to press.   The 2009 edition will include reference to all of the Tennessee appellate cases on tort law released in the last year, add over 20 new statutes of interest to tort lawyers, and update rules of civil procedure, evidence, and appellate procedure...

TSC Releases NIED Case

Posted on August 18, 2008
The Tennessee Supreme Court has released the opinion in Eskin v. Bartee and  expanded the scope of recovery for negligent infliction of emotional distress. The bottom line:  "we have determined that it is appropriate and fair to permit recovery of damages for the negligent infliction of emotional distress by plaintiffs who have a close personal relationship with an injured party and who arrive at the scene of the accident while the scene is in essentially the same condition it was in immediately after the accident...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.