Author Archives: Jay Butchko
Methodist Healthcare Accused of Overcharging Accident Victim
In most civil lawsuits, such as personal injury claims, the plaintiff gets to decide where to file their lawsuit. For example, many plaintiffs prefer to try a case in Tennessee state court rather than federal court. Under certain circumstances, however, the defendant has the right to move a case from state to federal court…. Read More »
Court of Appeals: Memphis Restaurant Not Legally Responsible for Customer’s Death
Personal injury claims against restaurants usually involve matters like slip-and-fall accidents. But they can also involve more serious incidents where a customer becomes seriously ill–or even dies–as a result of negligence on the part of the restaurant’s kitchen staff. Proving such claims, however, are not easy and often require complex litigation. Premises Liability Does… Read More »
Is an Employer Responsible for an Accident Caused by an Employee Who Leaves Work Early?
In Tennessee law, the principle of “respondeat superior” means that an employer can be held vicariously liable for the negligent acts of its employees. A common example of this an employee driving their employer’s truck who causes an accident. The employer can be held responsible for damages in a personal injury brought by the… Read More »
Wisconsin Officials Investigating Potential Link Between Vaping, Teen Lung Disease
There is mounting evidence that vaping–i.e., the use of electronic cigarettes–presents a significant risk to public health. Far from providing a “safe” alternative to traditional cigarettes, vaping has been tied to a rising number of patients suffering from lung disease. This has prompted at least one state to issue a warning to the public…. Read More »
Federal Court Allows Shelby County Police Shooting Lawsuit to Proceed
If someone negligent or recklessly shoots you with a gun, you can file a personal injury lawsuit to seek compensation. But what happens when you are shot by the police? In that scenario, you may have a special legal remedy under 42 U.S.C. §1983, a federal statute that allows a person to file a… Read More »
Understanding Tennessee’s One-Year Deadline to File Personal Injury Lawsuits
When you are injured in a car accident, the clock starts ticking right away on your time to bring a personal injury claim against the negligent driver. To be more precise, you normally have one year from the date of the accident to file a lawsuit and serve the defendant. While a court may… Read More »
Calif. Judge Refuses to Order New Trial in Roundup Litigation
Earlier this year, a federal jury sitting in San Francisco federal court found Monsanto liable in a product liability alleging its popular weed-killer Roundup was a substantial factor in a California resident developing non-Hodgkin’s lymphoma, a form of cancer. The jury awarded the plaintiff $5 million in compensatory damages, plus another $75 in punitive… Read More »
TN Court of Appeals Revives Asbestos-Mesothelioma Lawsuits
It has been well established that exposure to asbestos causes mesothelioma, a deadly form of lung cancer. Many Tennessee workers were exposed to asbestos during a time when it was used extensively in construction and industry. And even decades after the initial exposure, Tennessee courts continue to hear lawsuits against the companies responsible for… Read More »
Teleflex Recalls Endotracheal Tubes Following 4 Reported Deaths
Manufacturers have a legal and ethical duty to recall dangerous and defective medical devices from the market. Ideally, such recalls are accomplished before any patient is seriously injured or killed by the device. Unfortunately, that is not always the case. FDA Notifies Consumers of Class I Recall On June 23, 2019, Teleflex Incorporated announced… Read More »
Lawsuit Alleges Defective Hydraulic Lift Caused Electrical Worker’s Death
Product liability claims cover a wide range of cases involving dangerous and defective products. And it is important to understand Tennessee product liability laws do not just apply to consumer items sold on store shelves. It also applies to potentially lethal products used by individuals as part of their normal everyday jobs. For example,… Read More »