Articles Posted in Miscellaneous

I wrote the other day about Rev. Robertson’s suggestion that the United States kill a foreign leader. Here is the post.

August 22, 2005: Believe it or not there are people who get there news from Pat Robertson. This man, who runs a tax-exempt empire that he holds out as a church, now has called for the assassination of the leader of a foreign country.

What does the rest of the world – particularly the Muslim world – think about America when one of us who is prominent to have his own TV show calls for the murder of a foreign leader? When a nut in the Muslim world does this we call him a savage and a terrorist.

Believe it or not there are people who get there news from Pat Robertson. This man, who runs a tax-exempt empire that he holds out as a church, now has called for the assassination of the leader of a foreign country.

What does the rest of the world – particularly the Muslim world – think about America when one of us who is prominent to have his own TV show calls for the murder of a foreign leader? When a nut in the Muslim world does this we call him a savage and a terrorist.

See the words and watch the video of “our” nut here. And then think about the fact that right now in some cave in Pakistan this video is being shown to a bunch of angry young men with guns, bombs, and a willingness to sacrifice their lives in the name of their religion.

Many of you have read about the silicosis case in Texas that a judge threw out of court. This case will have repercussions for all plaintiffs and plaintiffs’ lawyers, as explained in this article from Bloomberg.com.

I do not know if the allegations against the plaintiff’s lawyers in the silicosis case are true. I have read portions of the opinion and must admit that what I read there was troubling. If lawyers worked with doctors to manufacture cases the punishment should be swift and significant. We simply cannot allow lawyers to create claims that don’t otherwise exist. It is one thing to advise people of their rights. It is ok to try to advance the law. It is quite another to create “injuries.”

This case is the mass tort McDonald’s case, folks. You will see it used as a tool to hurt the cause of all PI claims, especially those in the mass tort field. You can count on it.

Last night I posted the 300th post to this blog in a little less than six months. We have had tremendous success – we have lots of people who visit this site regularly and who have told us that they enjoy what we have to offer.

What can we give you that would help you in your practice? Would you like more information about appellate cases from around the country? Should we spend more time on Tennessee law? Are you interested in the status of the tort reform debate around the country?

Let me know your thoughts. Use the “Comment” link or, if you would rather send me your thoughts privately you can email me at jday@branhamday.com.

AIG’s recent financial disclosures make it clear that the nation’s property and casualty insurers need tort reform now or they wIll be headed to receivership.

I mean, AIG’s profit was only $3,990,000,000. For the 2nd quarter. As in 90 days. As in a profit of about $44,333,000 per day. As in about $1,850,000 per hour every hour of ewvery day. Which is a little over $30,000 per minute. Which comes to about $513 per second, of every hour, of every day, for 90 days. In a row.

Which is up about 50% from last year.

Here is an article from Time about hospitals and doctors going after doctors in the name of “peer review.”

I recently defended a physician charged by a hospital with poor patient care. I must say that after reviewing the charts I was surprised at the charges – not a single case would have been won by a plaintiff in a medical negligence action. The central allegation involved the treatment of a patient for a serious medical condition of which I had some knowledge because of a past malpractice case where I represented the plaintiff. I knew the proper course of treatment, I knew the survivability rate with proper treatment, and I would have turned the case down on the records without even consulting an expert.

The system is really stacked in favor of the hospital in such cases. As a lawyer, I was shocked at the lack of due process in the system.

The weekend after Thanksgiving 2005 I will be speaking at a seminar in Cozumel that will be of particular interest if you want to scuba dive.

The seminar is sponsored by the Bench Bar Committee of the Tennessee Judicial Conference. Attendees will stay at the Fiesta Americana, an all-inclusive resort.

I will be speaking for 6 hours (3 hours per day) on Saturday and Sunday. Three hours will address tort and comparative fault issues and three hours will be an indepth look at the law of depositions. CLE credit will be available. The sessions will be interactive.

Have you had the opportunity to check out our Business Litigation Blog yet? It is full of information for those of us who involved in commmerical disputes.

For example, here is a link to a post on the issue of when attorneys’ fees must be litigated.

Here is a link to the building codes that are supposed to be followed in Davidson County.

One lawyer has taken a priest sex abuse case to the top – he has sued the Vatican.

A well-known Louisville lawyer filed suit against the Vatican, saying that it knew of the abusive activities of a priest. The Vatican is trying to get the case dismissed.