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Monthly Archives: March 2019

Dog_PitBull

Is a Tennessee City Responsible When a Known Dangerous Pit Bull Attacks?

By Fox Willis Burnette, PLLC |

Every year thousands of Tennessee residents are injured by dog bites. Oftentimes, these injuries require serious–and expensive–medical attention. The legal question then becomes, Who can be held responsible in a personal injury action for such dog bites? Court of Appeals: “Public Duty” Doctrine Shields Memphis from Liability A recent decision by the Tennessee Court… Read More »

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Idaho Judge Dismisses Fraudulent Misrepresentation Claim Against IVC Filter Manufacturer

By Fox Willis Burnette, PLLC |

When it comes to dangerous or defective medical devices, such as IVC filters, there are a number of state laws where a victim may be entitled to seek relief. Aside from claims arising from defects in the manufacture or design of the product itself, a pharmaceutical company may be liable in some states for… Read More »

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What Happens When a Personal Injury Defendant “Takes the Fifth”?

By Fox Willis Burnette, PLLC |

One of the bedrock principles of American law is that a person cannot be compelled to testify against themselves in a criminal proceeding. The Fifth Amendment to the U.S. Constitution guarantees this right. But what happens when a defendant “takes the Fifth” in a civil trial, such as a personal injury lawsuit, that involves… Read More »

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Ohio Judge Allows Opioid Lawsuit Against Insys to Proceed

By Fox Willis Burnette, PLLC |

The continuing opioid crisis raises a number of complicated legal issues. Every state, including Tennessee, has strict product liability laws. But prescription drugs, which include many popular opioids, are also subject to federal regulation. So what happens when an victim seeks to hold opioid manufacturers responsible under state laws that may conflict with federal… Read More »

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Rhode Island Court Refuses to Dismiss Hernia Mesh Lawsuit Against Bard, Davol

By Fox Willis Burnette, PLLC |

There are a number of pending lawsuits throughout the country dealing with hernia mesh. These are surgical patches, sheets, and plugs used to help treat hernia patients. Unfortunately, many hernia mesh recipients learn years later develop complications that often require additional surgery or other medical treatment. Judge Rejects “Statute of Repose” Defense A legal… Read More »

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Are Tennessee Store Owners Liable for Bathroom Slip-and-Fall Accidents?

By Fox Willis Burnette, PLLC |

Public restrooms are often not the best-maintained or cleanest of places. So it is not unusual when a slip-and-fall accident occurs due to a puddle of liquid on the floor. But when a patron of a public business is harmed in such an accident, do they have a viable personal injury claim against the… Read More »

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