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 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.
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?
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.
Are you one of those people who say that politics doesn’t matter to you or your practice? Do you refuse to get involved in political campaigns? Do you “just say no” to a request for a political contribution?
Well, those who want to take away the rights of your clients have a different view. Excample: Michigan. Michigan tort law is a shadow of its former self. The Legislature has gutted the common law of torts in Michigan and the Michigan Supreme Court readily and frequently irrigates the open wound.
This article from the Free Press gives you an idea of the frustration that the lay public is beginning to experience.
A recent poll indicates that many Americans think that they are being “overtreated” by their doctors.
An article describing the poll results says that “[n]early three-quarters (72%) of U.S. adults think that patients who have medical conditions experience problems because of being overtreated (i.e., getting too many treatments or getting more aggressive treatment than is appropriate). In light of these concerns by the public, it’s not surprising to learn that half (50%) of all adults are somewhat or very concerned, personally, about being overtreated when they are sick or in need of medical care.”
One thing particularly troubling about this poll: 53% of adults think that one reason for the overtreat is because of concerns about malpractice suits. The propaganda is working. This is what can happen when you have the ability to spend millions and millions of dollars over thirty years to influence public opinion.
Today I am in Memphis to participate in the evaluations of our appellate judges. A couple years ago Lt. Gov. John S. Wilder appointed me to the Judicial Evaluation Commission. The Commission has the responsibility of evaluating judges and composing a summary statement about each judge for publication in newspapers before the upcoming retention election. Data is collected from lawyers who appear before the judges and other judges.
Obviously, the judges take this process very seriously. So do I. We are very fortunate to have a fine judiciary in this State, but appellate judges are not elected and face only a retention ballot and therefore I think it is very appropriate for judges to face an evaluation process. The key, of course, is trying to make the evaluation process meaningful and fair. We admittedly struggle with some issues – how do you define a “good” opinion – but I think the process is working and will continue to improve.
We have six days of interviews scheduled with judges across the state in the next couple months and then some additional dates set aside for discussion. We did a “practice” or “interim” session a year or so ago and it was taxing but interesting. There are a lot of judges and a lot of information.
Federal tort trials are dropping like President Bush’s approval rating. From fiscal year 1985 through 2003 the number of federal tort trials dropped 79%, from 3600 to less than 800. Only 2% of all cases in that time period went to trial.
There were less than 100 products liability trials in federal courts in 2003.
Read the Department of Justice’s press release about the study here. If you want to read the entire report click here.
Anna Ayala, the woman who claimed that she found a finger in a bowl of Wendy’s Chili, has plead guilty to filing a false claim and attempted grand theft. Her husband has also plead guilty for his part in the scheme.
The finger turned out to be that of a co-worker of her husband; it was lost in an industrial accident.
She is facing 10 years in the slammer. He is facing 13 years.
Those of you who read the Tennessee Tort Law Letter know that I depise Tennessee’s limitations on the liability of governmental entities. I think a limb or life of a person should be worth the same regardless of whether the tortfeasor is a person, an entity, or a governmental entity.
Over the years I have been particularly frustrated with how governmental entities, protected by a damage cap, negotiate settlements. This will be no new news to those of you who represent plaintiffs, but it seems that these entities always want “to save a little.” It drives me crazy that a case worth X but subject to a cap of 1/2 X is difficult to settle at 1/2 X. My frustration with this mindset has often caused me to lash out out governmental entities and their lawyers.
Well, we have recently been involved in two cases where the response of the governmental entities and their lawyers was very different. In one, the entity offered the cap before suit was filed. To be sure, the case was worth 10 times the cap, but City stepped up to the plate, did the right thing, and resolved the case.
Day on Torts