Day on TortsGray’s Anatomy of the Human Body is the leading textbook on anatomy and now it is available on-line. Click here to review the index of what drawings and information is available.
Thanks to Bob Kraft for bringing this site to my attention.
Articles Posted in Miscellaneous
Portion of Georgia Tort Reform Statute Found Unconstitutional
Georgia passed a tort “deform” statute last year. One part of the legislation required a plaintiff to pay a defendant’s attorneys’ fees if the plaintiff did not obtain a judgment of at 25% higher than a defendant’s last offer of judgment.
A trial judge has struck down that provision, saying that “[b]y authorizing attorney’s fees to be awarded against plaintiffs who assert their right to prosecute their claims in court, secure a judgment in their favor, but fail to win as much damages as they hoped, the statute violates [Georgia’s Constitutional] guarantees that “[n]o person shall be deprived of the right to prosecute … [their] cause in any of the courts of this state.”
Here is an articledicussing the ruling.
Air Bag Class Action To Proceed
The United States Supreme Court has refused to hear a case involving a class action certified by a Oklahoma judge involving 420,000 GM vehicles. The lawsuit alleges that the vehicles are equipped with airbags that deploy unnecessarily.
The problem is a software glich, later corrected by GM on other vehicles.
Off Topic – Taking the Blinders off a Blind Trust
Senator Frist’s blind trust is a story that will not die – and now more information is coming forward.
Read the latest from the Miami Hearld and the AP.
Florida Med Mal Fee Cap
You may remember that the Florida voters passed a cap on attorneys’ fees in medical malpractice cases. The constitutional amendment was pushed by Florida’s doctors. Fees are capped at 30% for the first $250,000 and 10% on any amount over $250,000.
Lawyers representing patients began asking them if they wanted to waive the cap of fees. The doctors then got a group of lawyers to petition the Florida Supreme Court to have the Court change its rules of professional conduct to limit attorney’s fees in medical malpractice cases. The doctor’s efforts is being led by former Florida Supreme Court Justice Stephen Grimes who works for Holland & Knight.
Grimes led an effort to get 54 lawyers to sign a petition to get the rules changed – Florida rules require at least 50 lawyers to sign a petition to start the process. Former Justice Grimes managed to get 19 lawyers from his firm to sign the petition – quite an amazing result given the fact that the firm advertises that it has “1200 lawyers and professionals.”
Silicosis, Doctors and Lawyers
There is a fascinating but disturbing story in today’s New York Times about a federal court case involving claims arising from alleged injuries because of exposure to silica. Judge Jack has raised serious questions about whether the claims are legitimate and the role of the doctors and claimant’s lawyers in making the diagnosis.
From the article: “‘It is apparent that truth and justice had very little to do with these diagnoses – otherwise more effort would have been devoted to ensuring they were accurate,’ Judge Jack wrote. ‘These diagnoses were driven by neither health nor justice: they were manufactured for money. The record does not reveal who originally devised this scheme, but it is clear that the lawyers, doctors and screening companies were all willing participants.'”
The NYT article includes a link to Judge Jack’s 249 page opinion.
Appellate Advocacy and Legal Writing
I love handling appeals. I prefer to be an appellee, and I would just as soon win and move on, but if we have to end up in an appellate court, I enjoy the work.
Here is a publication from the Defense Research Institute addressing various issues concerning appeals, including some legal writing tips.
Extreme Makeover Lawsuit
Extreme Makeover is a disturbing show that takes advantage of poor self image and glorifies physical beauty. Deleese Williams did not make the final cut of the show and, she now alleges, the experience was so horrible that it caused her sister to take her own life. <a
According to one source, “Williams was videotaped recounting the ridicule she suffered as a child and her years in an abusive marriage to an ex-husband. Her lawsuit alleges that her husband and sisters were also interviewed and encouraged to make disparaging comments about her looks.Here is a copy of the complaint.
It appears that the contestant signed some sort of release before taking part in the activities that may have given rise to an actual appearance on the show.
It Never Stops
How can some members of the Republican Party take a national disaster and turn it into a windfall for corporate America?
No-bid contracts for companies working to clean up the mess caused by Katrina? Of course, but there is more. Eliminate the need to pay the prevailing wage? Sure.
How about tort reform?
Conflicts
The NYT has a great article today about the issue of conflicts between physicians and the medical device industry. The information about the cost of medical devices and the disparity between the costs of the devices at different hospitials is shocking.