Articles Posted in Miscellaneous

I never met Molly Ivins, but wish I had.  She was a gifted writer with a wonderful sense of humor. Her death is a real loss for all of us who love to read about politics.

The Supreme Court of Arizona has ruled that  persons who are prescribed drugs owe a duty of care, making them potentially liable for negligence, when they improperly give their drugs to others. The defendant shared his prescribed drug (oxycodone) with others at a party.  One of the women he shared…

Well, as you probably have heard, a woman who participated in a "Hold your wee for a Wii" contest died of water intoxication.   According to the Sacramento Bee, "the contestants were given two minutes to drink an 8 ounce bottles of water every ten minutes. The winner was the last…

Most of us know judges who from time to time have disagreements with their colleagues and know other judges who simply don’t like a judge they have to work with every day.  There is nothing unusual about this – judges are people and it is unrealistic for anyone to expect that the…

Can you imagine sitting in your battery-powered wheelchair and having it catch on fire? That’s what the plaintiff alleged happened to her late father in this California case.  It settled on the courthouse steps; the settlement is, of course, confidential. The article reports that "in 2006, said court records, the…

Here is an interesting article from the New York Times that discusses a recent study of whether private practice lawyers or public defenders get better outcomes for citizens accused of crimes.

We have "Metoo" motions in Nashville.  They usually occur when one defendant takes the time to draft and file a motion and memorandum and the  co-defendants  file papers that simply say "Metoo." But a "Metoo" motion has a special meaning Up North.  Or, should I say, it will from now on.…

The Illinois Supreme Court held that it was not appropriate to certify a class of personal injury plaintiffs who received injuries as a result of chemical exposure after a train derailment. The holding:  "Although proof of the cause of the derailment will be relatively straightforward, this alone will not establish…

Well, yesterday I had to be a lawyer again, taking a deposition in a matter pending in Bankruptcy Court where we have been hired to represent the Trustee.  I find myself doing more and more commercial litigation and, quite frankly, it is quite enjoyable.  I majored in business and economics…

Law.com has published an interesting article titled "Who Killed the Mass Tort Bonanza?" The opening paragraph:  "The power of the plaintiffs bar is on the wane in this country, and will be for a long time to come."  Followed shortly thereafter by this:  "Neither [business interests or trial lawyers], however, would…