Under Tennessee wrongful death law, the distribution of proceeds obtained after a settlement for wrongful death are governed by common law not statute. Basically, the law provides that the wrongful death proceeds are distributed under the law of intestate succession. Thus, if a decedent left behind a surviving spouse and one…
No, you did not read the headline wrong. The company that insures doctors for medical malpractice claims in Georgia is opposing a tort reform measure being pushed by a group of healthcare administrators. What is going on? A group of healthcare administrators in Georgia has formed an organization called "Patients…
A dispute between a Tennessee plaintiffs’ firm and a Maryland plaintiffs’ firm over responsibility for litigation expenses will be resolved in Tennessee, says the Tennessee Court of Appeals. The Wolff Ardis firm in Memphis and the Law Offices of Jonathan Dailey in Washington, D.C. teamed up together to work on…
I know – I have gone off the grid. For the past couple of months I have been extremely busy and my law practice has simply consumed the vast majority of my time. I have also worked on an article that I was asked to write for the inaugural edition…
The sender of a text message to a person faces potential liability if the recipient of the message negligently causes a wreck injuring others, according to a recent opinion of the Appellate Division of the Superior Court of New Jersey. In Kubert v. Best, A-1128-12T4 (N.J. Sup. Ct. App. Div.…
A Texas police officer has sued a 9-1-1 caller for failing to warn the 9-1-1 official (and thus the police officer) that the police responding to the call would be walking into a dangerous situation. The responding officer was attacked by a man at the home who had allegedly been…
The law gives parties the right to strike a limited number prospective jurors from serving on a particular jury without demonstrating "cause, but that right is limited by case law designed to prohibit discrimination. Should a party’s right to peremptorily challenge a juror because of his or her sexual orientation…
Dr. Roger Herrin, upset that he had to share money with those who were injured in a car wreck that also took his son’s life, paid the $500,000 he owed in quarters. 7,500 hundred pounds of quarters. Why quarters? "Because I couldn’t do it in pennies," Herrin reportedly said.…
State Farm, a leading auto insurer, has sued a referral service, chiropractic firm and others alleging, inter alia, that they engaged in a fraudulent scheme of referrals to and from a plaintiff’s firm that resulted in monetary loss to State Farm via it medical payments and personal injury protection (PIP)…
Tennessee has a ten-year statute of repose that bars most products liability claims ten years after the product at issue was sold to the first user or consumer. Unlike a statute of limitation, a statute of repose can bar a claim even before plaintiff was injured. The United States Court…