Tennesse law limits damages that may be recovered in personal injury and wrongful death cases. The limits apply only to cases that arise from events that occur on or after October 1, 2011. Medical expense and lost wages claims are not limited. However, damages for pain, suffering, disfigurement, disability, loss of enjoyment…
Social networking by jurors can result in a new trial, creating increased expense for the parties. The American College of Trial Lawyer has issued a brief report on this issue, and has proposed several instructions to prospective and empaneled jurors. For example, ACTL recommends that this language be included on summonses…
Tennessee law permits the recovery of punitive damages when a defendant has engaged in reckless conduct. Because the standard for criminally negligent homicide mirrors the standard for recklessness necessary to recover punitive damages, the Tennessee Court of Criminal Appeals’ affirmation of the guilty verdict against a criminal defendant in a recent case could…
The Western Section of the Tennessee Court of Appeals has held that the construction statute of repose is not tolled for minors. By five years after a home or building is substantially completed, all bets are off. Even if the roof collapses on toddler in a crib, the contractors, architects, etc. are immune from…
The Court of Appeals for the Fifth Circuit has ruled that the assets held in a special needs trust created out of the proceeds of a personal injury settlement are not available to satisfy an ERISA subrogation interest. The Court held that the injured plaintiff never had possession or control over…
Oral arguments were held a couple months ago on the validity of caps on damages under tort reform measures in medical malpractice cases in Florida. The arguments on now available on the Web.
The Senate Judiciary Committee has just voted to reject a bill that would have allowed corporations and other employers to escape responsibility for punitive damages based on the reckless conduct of their employees. SB2637 by Republican Senator Brian Kelsey (House version by Republican Rep. Vance Dennis), Tennessee would have held…
The 6th Circuit Court of Appeals has sent a clear signal on what the federal courts in Tennessee and the other states that comprise the 6th Circuit should look at when reviewing a Daubert challenge to expert testimony. In Newell Rubbermaid, Inc. v. The Raymond Corporation, No. 10-3912 (6th Cir.…
Medical malpractice case filings were up last year but are still below the filings for the year when the first tort reform hit medical malpractice cases. October 1, 2008 was the date that pre-suit notice and certificates of good faith became required. In the year before the law change, 646…
The Tennessee General Assembly has now placed arbitrary caps on damages in personal injury and wrongful death cases. And the House of Representatives just passed HR 5, which placed a caps on damages in medical malpractice cases. But how does the federal government value life when weighing regulatory burden? The…