Author Archives: Jay Butchko
Can Multiple Uninsured Motorist Policies Cover the Same Car Accident?
Uninsured motorist (UM) benefits provide compensation for car accident victims when the person who actually caused the accident lacks sufficient insurance. In some cases, however, there may be multiple auto insurance policies–and thus, multiple UM provisions–that may cover a given accident. Does this mean the victim is entitled to recover benefits under all applicable… Read More »
Pa. Judge Refuses to Dismiss Lawsuit Against Injectafer Manufacturers
A common legal tactic by manufacturers of dangerous or defective drugs is to argue that any product liability claim based on state law is barred by federal law. Essentially, since the U.S. Food and Drug Administration regulates the labeling and manufacture of drugs offered for sale, this should overrule or “preempt” any state personal… Read More »
Mass. AG Alleges Juul Targeted “Young Children” with Television Ads
The legal battle over vaping centers on the marketing strategies of leading e-cigarette companies, notably Juul Labs, Inc. Juul has long presented itself to the public as a “technology company” attempting to help adults quit tobacco smoking. But this narrative has come under fire from legal and public health experts, who argue Juul’s real… Read More »
Comparative Fault: Why the Personal Injury Victim Is Also on Trial
When you file a personal injury lawsuit, you need to recognize that your own actions may become an issue at trial. Tennessee follows what is known as a “modified comparative fault” rule in personal injury cases. This means that a jury will apportion fault for an accident among all of the relevant parties, including… Read More »
When Can a Judge Reduce the Amount of Damages Awarded by a Jury in a Truck Accident Lawsuit
Although plaintiffs have a right to trial by jury in personal injury cases, there are times when the judge may step in an attempt to reduce the amount of damages awarded by the jurors. This is known as a “remittitur.” Under Tennessee law, a judge may suggest a remittitur after “independently” weighing the evidence…. Read More »
Does Tennessee Law Apply to Product Liability Claims Filed Against an Out-of-State Company?
Product liability lawsuits often involve companies that do business throughout the country. For example, you may live in Tennessee, but the defendant that sold you the defective product may be based in another state. But which state’s laws apply in the event of a product liability lawsuit? The answer to this question can depend… Read More »
Highway 385 Closed Following Tractor Trailer Accident
Memphis, TN (March 18, 2020) – All of Highway 385’s westbound lanes were closed after an accident that occurred this morning. As a result of the collision, traffic needed to be diverted. According to the Tennessee Department of Transportation, the accident involved an overturned tractor trailer. Common Causes of Tennessee Tractor Trailer Accidents Tractor… Read More »
Person Killed in Maury County Car Accident
Maury County, TN (March 12, 2020) – The Maury County Fire department recently commented that one individual died in a motor vehicle on March 10 following a vehicle fire that occurred on Hampshire Pike. Volunteer firefighters arrived at the scene of the accident to find a vehicle that was fully covered in flames. Details… Read More »
Driver Arrested After Cumberland County DUI Accident
Cumberland County, TN (March 17, 2020) – Law enforcement in Cumberland County recently responded to an accident that occurred on Genesis Road. The accident report states that the driver looked down on his cell phone to determine how to best reach his destination when he ended up in a collision. Law enforcement later told… Read More »
TN Supreme Court Rejects Medical Malpractice Lawsuit Due to Expert Witness’ Lack of “Competency”
In a medical malpractice lawsuit, causation is everything. The plaintiff–the victim of the malpractice–must prove the defendant’s actions caused their injuries. To accomplish this, the plaintiff typically needs to present testimony from one or more qualified medical experts who can establish how the defendant’s actions deviated from the accepted standard of care. In the… Read More »