Monthly Archives: May 2019
How Legal “Privilege” Can Prevent Disclosure of Evidence in a Personal Injury Case
In personal injury litigation, third parties may possess valuable information that can help prove (or disprove) a plaintiff’s allegations. Under normal circumstances, either party to the case may ask the court to issue a subpoena for such information, assuming it is not protected by some specified legal privilege. For example, the defendant in a… Read More »
Pa. Judge Refuses to Dismiss Defective Knee Replacement Lawsuit Against Arthrex
A knee replacement is major, life-altering surgery. So if something goes wrong due to a defect in the replacement device, it can have a substantial, negative impact on the quality of life for both the patient and their family. And the manufacturer responsible for producing such defective medical devices can be held responsible via… Read More »
Federal Court Returns Essure Lawsuit to State Court
Every state, including Tennessee has its own laws governing product liability. Yet when it comes to lawsuits involving dangerous or defective drugs, such as Bayer’s permanent sterilization device Essure, manufacturers often try to have the cases heard in federal court, as they believe that provides a more favorable forum. “Preemption” Defense Does Not Justify… Read More »
TN Health Club Not Liable for Member’s Sexual Assault
At one time or another, all of us have been asked to sign some sort of “release” or “waiver” holding a property owner harmless for any injury we might suffer while on the premises. Most people sign such waivers without giving it a second thought. Unfortunately, when something does happen to them, that same… Read More »
Oklahoma AG Announces $270 Million Opioid Settlement with Purdue Pharma
The U.S. legal system continues to deal with the fallout of the opioid crisis. It seems like every day there is another lawsuit filed, either by an individual victim or a government agency seeking to recuperate the costs of treating thousands of victims. And while opioid producers and distributors continue to maintain they have… Read More »
The Important Role of Video Evidence in Personal Injury Cases
Many times, a personal injury lawsuit depends entirely on the parties’ personal recollection of events, which may be years after the fact. In some cases, a plaintiff may bolster his or her case if there is video or photographic evidence taken at the time of the accident. Of course, video evidence can also work… Read More »
Tennessee Appeals Court Throws Out $250,000 Auto Accident Verdict
When it comes to personal injury claims arising from car accidents, a Tennessee court requires proof of “causation”–that is, evidence directly linking the accident to the victim’s injuries. In many cases this requires expert medical testimony, particularly when the injuries are more complex than, say, a mere cut or abrasion. And any expert evidence… Read More »