Author Archives: Jay Butchko
Pa. Court Dismisses Asbestos-Related Talcum Powder Lawsuit Against Colgate-Palmolive
Defective product lawsuits depend on credible scientific testimony, not only to establish how the product in question is dangerous, but also how it actually caused the victim’s injuries. A judge will not accept a simple assertion that a product is defective or dangerous. And the court will rigorously screen proposed expert testimony to ensure… Read More »
The Critical Difference Between Ordinary Negligence and Medical Malpractice in Tennessee
Tennessee law distinguishes between ordinary negligence and medical malpractice. For example, if you are injured in a slip-and-fall accident while walking into a hospital lobby, you could sue the hospital for ordinary negligence. But if you were injured due to a mistake made by a doctor at the hospital who was treating you, that… Read More »
What Is the “Open and Obvious” Defense, and How Could It Affect My Personal Injury Lawsuit?
In personal injury cases dealing with premises liability, property owners will often deploy what is known as the “open and obvious” defense. Essentially, this defense states that the hazard that caused the plaintiff’s injury was so open and obvious, an average person would know to protect themselves. What actually qualifies as “open and obvious”… Read More »
Recovering Damages for Evaluation and Diagnostic Services Following an Auto Accident
Proving a driver’s negligence is just one step towards recovering damages in a personal injury lawsuit. Another crucial step is actually proving there were damages. For example, the victim must show they actually required medical treatment as a result of the accident. In some cases, this can include the cost of evaluation and diagnostic… Read More »
Class Action Filed Against Purell Manufacturer Over Allegedly Deceptive Health Claims
While business closures and unemployment continue to rock Tennessee as a result of the Covid-19 pandemic, some companies are continuing to profit. A recent story from Yahoo Finance highlighted the boom in sales of the hand sanitizer Purell, which is manufactured by the privately held GOJO Industries. Yahoo noted that retail stores are sold… Read More »
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 »