Personal Injury Law

Invest in Litigation?

Posted on June 10, 2009
Yep.  That is what Richard Fields is doing.  He is the chief executive of Juridica Capital Management, an organization which runs a fund that invests in one side of a lawsuit in exchange for a share of any winnings.  The company invests in commercial litigation...

Invest in Litigation?

Posted on June 10, 2009
Yep.  That is what Richard Fields is doing.  He is the chief executive of Juridica Capital Management, an organization which runs a fund that invests in one side of a lawsuit in exchange for a share of any winnings.  The company invests in commercial litigation...

New Tennessee Law Blog

Posted on June 09, 2009
There is a new blog in town - the Tennessee Insurance Litigation Blog.  The blog is authored by Parks Chastain and Brandon McWherter.   Parks typically represents insurance companies and Brandon typically represents policyholders. Great idea, gentlemen...

Seminar on New Medical Malpractice Legislation

Posted on June 09, 2009
The Tennessee Bar Association is sponsoring a seminar to educate lawyers on the new medical malpractice statute passed by the Senate on June 4, 2008.  If signed by the Governor, and there is no reason to believe that he will not sign the bill, the legislation makes major changes in medical malpractice procedural law...

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

Seminar on New Medical Malpractice Legislation

Posted on June 09, 2009
The Tennessee Bar Association is sponsoring a seminar to educate lawyers on the new medical malpractice statute passed by the Senate on June 4, 2008.  If signed by the Governor, and there is no reason to believe that he will not sign the bill, the legislation makes major changes in medical malpractice procedural law...

Lawyer Questions Experience of Some Lawyers Who Advertise

Posted on June 08, 2009
Ken Shigley from Atlanta offers an interesting post concerning his research into and thoughts about some of the lawyers who advertise in his community. He starts his post with these words: As a serious personal injury attorney in Atlanta, Georgia, I am frankly embarrassed by the inundation of billboards and TV ads for personal injury lawyers who have little respect within the profession and seldom if ever set foot in a courtroom...

Proposal to Change Tennessee Ethics Rules

Posted on June 08, 2009
The Tennessee Bar Association has filed proposed changes to the ethics rules governing the conduct of Tennessee lawyers.  The project represents the first effect to change the rules since tan entire  new code was adopted in 2002. Read the petition of the TBA here...

SCOTUS Rules That W.Va. Chief Justice Should Have Recused Himself

Posted on June 08, 2009
The Supreme Court of the United States has ruled that the Chief Justice of the West Virginia Supreme Court should have recused himself in a case involving the company of a man who ran $3,000,000 of ads in favor of the judge's election.  Read the opinions here.

Seminar on New Medical Malpractice Litigation

Posted on June 07, 2009
The Tennessee Bar Association is sponsoring a seminar to educate lawyers on the new medical malpractice statute passed by the Senate earlier today.  If signed by the Governor, and there is no reason to believe that he will not sign the bill, the legislation makes major changes in medical malpractice procedural law...

Effect of Tort Reform Legislation

Posted on June 06, 2009
Walter Olson at Point of Law shares a study from the Pacific Research Institute on the effect of various tort reforms.  The study, was authored by Nicole V. Crain, W. Mark Crain, Lawrence J. McQuillan, and Hovannes Abramyan,  and is titled "Tort Law Tally: How State Tort reforms affect Tort Losses and Tort Insurance Premiums"...

Medical Malpractice Filings Dropping

Posted on June 05, 2009
The requirement of pre-notice and a certificate of good faith (T.C.A. Sec. 29-26-121 and 122) has had a significant effect on filings of medical malpractice cases. From October 1, 2008 (when the new law came into effect) until April 30, 2009) there were only 111 medical malpractice cases filed in the entire state...

More on GM and Chrysler Products Claims

Posted on June 04, 2009
Here is an article from The Hill that gives more information on how existing products liability claims against GM and Chrysler will be handled.  Bottom line:  claimants will be unsecured creditors, and will be thrown into the pot with all of the other unsecured creditors...

SCOTUS Reverses Tennessee FELA Case

Posted on June 04, 2009
The U.S. Supreme Court reversed a Tennessee Court of Appeals case on the proper instruction to the jury in an FELA case when the plaintiff is seeking damages for fear of developing lung cancer.  The worker alleged that his work exposed him to asbestos, which caused asbestosis...

Seminar on New Medical Malpractice Legislation

Posted on June 04, 2009
The Tennessee Bar Association is sponsoring a seminar to educate lawyers on the new medical malpractice statute passed by the Senate earlier today.  If signed by the Governor, and there is no reason to believe that he will not sign the bill, the legislation makes major changes in medical malpractice procedural law...

New Medical Malpractice Notice and Certificate of Good Faith Bill Passes Senate

Posted on June 04, 2009
SB  2109   passed the Senate at 11:36 and is now on its way to the Governor's desk.  The Bill  passed the House (HB2233) in May.   There is no indication that the Governor will not sign the legislation. The bill dramatically changes the law that came into effect just last October 1, and impacts both the pre-suit notice and the certificate of merit provisions...

Man Sues Strip Joint

Posted on June 04, 2009
Stripper allegedly kicks patron in the head.  Strip joint manager says dancer kicked him after he "violently slapped ... her buttocks."   The stripper did not return calls to  WPTV, the Florida TV station that reported this story...

Victims' Lawyers (and Others) Discuss GM and Chrysler Products Claims

Posted on June 03, 2009
Here is an interview with two plaintiffs' lawyers who are actively involved in seeking monies for tort claimants who have claims against Chrysler and General Motors. I have also included an article from www.HispanicBusiness.com that says "Fiat will be protected from any product liability lawsuits arising from claims of flaws in Chrysler vehicles sold before the sale's closing later this month...

Chrysler Sale Bars Future Tort Claims

Posted on June 02, 2009
I have read Judge Gonzalez's Order of June 1 concerning the sale of substantially all of the assets of Chrysler to Fiat, and it certainly appears to me that the sale will cut off  future products liability claims.  Here is the key language Pages 42 - 44 of  the Court's Order...

Manual for Complex Litigation

Posted on June 01, 2009
At 819 pages, the Manual for Complex Litigation, Fourth is not for vacation reading at the beach.  It is for lawyers who have complex litigation.  It is a gold mine of information to streamline the litigation of cases with multiple parties, complex issues, and the like.

June 2009 Edition of the Tennessee Trial Law Report Available

Posted on May 31, 2009
The June 2009 edition of the Tennessee Trial Law Report should be arriving in the mailboxes of our subscribers on Tuesday, June 2.   The Tennessee Trial Law Report is the only newsletter in Tennessee written to meet the complete needs of the tort law practitioner...

Breast Cancer Cases

Posted on May 29, 2009
A publication of The Doctors Company ("We were founded by doctors, for doctors.") lists 39 ways  for doctors to get sued for for not diagnosing breast cancer or not properly treating it when it has been diagnosed.    Here it is...

Trouble With Powerpoint?

Posted on May 28, 2009
I came across www.PowerPointforCourt.com, a website that offers a product to teach lawyers and their support staff how to effectively use Powerpoint.  The price?  $89 for a download. Here are the chapter headings: Introduction to Courtroom Technology Utilizing Synchronized Deposition Videos Formatting the Master Slide Header and Footer Custom Slide Backgrounds - Inserting Your Logo Inserting Video Re-Sizing Video Linking Within a Presentation Opening a PDF in PowerPoint Opening a Web Page In PowerPoint SmartArt Graphics Text Links Grouping Ordering or Layers The Impeachment Machine (Strategies for Using Video) Creating Timelines Cast of Character Exhibits Bullet Point Summation Day in the Life Presentations Presentation Tips Image Preparation Working with Audio Creating an Inhouse Graphic Design Department Flashing Flash (Inserting in Presentation) Choosing the Right Equipment The Importance of an Index Page Handouts are Essential (General Presentation) How to Capture and Use Anything (digital) Creating Legal Illustrations for use in Court Crime Scene Layouts Links to Valuable Resources I have not purchased this product, but am curious to learn if any readers have...

Cert Petition Denied in Tennessee Products Case

Posted on May 27, 2009
The United States Supreme Court denied cert in  Flax v. DaimlerChrysler Corporation, the products liability, punitive damages, and negligent infliction of the emotional distress case decided by the Tennessee Supreme Court last year.  Here is my post from last July on the decision by the Tennessee court...

Unusual Incident Reporting in Tennessee

Posted on May 26, 2009
Last year I wrote about the Tennessee Department of Commerce and Insurance's 2008 Medical Malpractice Claims Report.  The report revealed data from medical malpractice cases settled and tried in Tennessee in calendar year 2007. The numbers: Total judgments for plaintiffs   2007             7 Total settlements                      2007         492 Cases Dismissed   With No Payment 2007        2238  (plus another 306 claims dismissed on defense verdicts for a total of 2544) That is interesting, but wouldn't it be nice to know how much malpractice occurred?  We know that approximately 2000 people die in Tennessee hospitals each year as a result of medical malpractice, but data on out-of-hospital deaths and data on injuries is hard to find...

Helping Your Clients Understand Ad Damnum Provisions

Posted on May 22, 2009
"I've got a $1,000,000 lawsuit." No - you have a lawsuit with a $1,000,000 ad damnum.   There is a huge difference between the two. Tennessee law requires an ad damnum in all cases except medical malpractice cases.  An ad damnum must  be stated in the initial complaint only in products liability cases;  different judges impose different deadlines on when a specific ad damnum must be stated in other types of cases...

"Diagnosis and Treatment of Acute Pulmonary Embolism"

Posted on May 21, 2009
On Tuesday  I posted  David B. Troxel, MD's article in The Doctor's Advocate about VTE.  Today, I include another article by the same doctor - this one about diagnosis and treatment of PE. Here it is.

Are iPhones the Standard of Care?

Posted on May 20, 2009
To be precise, I am not talking about iPhones.  I am talking about the apps for iPhones.  There are hundreds and hundreds of iPhone apps for health care providers that permit one to help formulate a differential diagnosis, check for drug-drug interactions, or identify medications...

Counting Blessings

Posted on May 19, 2009
Last night at about 10:45 EDT I had to occasion to start counting blessings.  My advancing age means I do this more and more, and it also causes me to realize that I should have counted those blessings more frequently in years past ...

"Venous Thromboembolism--Risk Factors, Prevention, and Diagnosis"

Posted on May 19, 2009
David B. Troxel, MD of the Doctors Company has written a great article about VTE inThe Doctor's Advocate..  The article reviews the risk factors for VTE, the prevention of VTE, and the diagnosis of DVT and includes a reference to the American College of Chest Physicians' guidelines...

Federal Rule of Evidence 502

Posted on May 18, 2009
On September 28, 2008 FRE 502 become applicable in federal court.  The rule provides that under certain circumstances the disclosure of attorney-client material and work product material does not constitute a waiver.  Read the full rule here...

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