Category Archives: General
Tennessee courts follow what is known as a modified comparative fault rule in personal injury cases. Put simply, if the plaintiff is equally or more at-fault than the defendant for an accident, the defendant is not liable for any damages. There is no precise formula for apportioning fault–it ultimately depends on the facts of… Read More »
What Happens If My Employer Violates an Agreement to Pay Medical Benefits Under Workers’ Compensation?
Obtaining workers’ compensation benefits is a struggle for many Tennessee employees. Although the law is designed to provide no-fault benefits to injured workers, some employers balk at paying for legitimate medical expenses incurred as the result of on-the-job injuries. When this happens, the employee must make the effort to force the employer’s hand in… Read More »
Patients who are injured by a defective medical device may have multiple grounds for seeking damages against the negligent manufacturer. For example, there may have been a defect in the production of the specific device you received, or there may be a more general flaw in the overall design. Your doctor may also not… Read More »
Recently we discussed the Tennessee Supreme Court’s ruling on the application of the collateral source rule in personal injury cases. This rule comes up in cases where an injured plaintiff submits evidence of their medical expenses. Some defendants argue that the jury should only consider evidence of “unreimbursed” medical expenses–i.e., what the victim actually… Read More »
The scope of the national opioid epidemic continues to unravel in the face of lawsuits and legislative intervention. On January 30, the U.S. House of Representatives Committee on Energy and Commerce sent formal letters to two of the largest distributors of prescription opioids, seeking an explanation for why they sold millions of pills to… Read More »
By Linda Lipsen, CEO, American Association for Justice July 25, 2017 The Consumer Financial Protection Bureau (CFPB) issued a new, but long-awaited, rule on July 10 to curb the use of forced arbitration clauses in certain financial contracts and restore the ability of Americans to file or join group lawsuits. The rule has been widely celebrated… Read More »
When someone dies as the result of a criminal act, the public demands justice. Police investigate and arrest a suspect. The defendant is then formally charged and tried in criminal court. If convicted, the defendant is sentenced to prison. But where does all this leave the family of the victim? And what if the… Read More »
EndDD.org is Proud to Announce the 2017 “Friends Don’t Let Friends Drive Distracted” National Video and Meme Contest!
$8500 in prizes plus concert tickets. Nationally recognized judges. Deadline March 31st. #DistractedDriving #EndDD SADD Nation American Association for Justice Anapol Weiss Governors Highway Safety Association National Safety Council Philadelphia Eagles enddd.org/2017-video-contest/ Save Save Save Save
In Tennessee law, a person may be held liable for negligent entrustment if they entrust a vehicle to someone who subsequently causes a car accident and injures a third party. For example, if you loan someone your car knowing that person is intoxicated, and that person goes on to injure someone in a DUI… Read More »
We are continuing to develop a new theory involving life insurance contracts, specifically Universal Life policies and/or Flexible Premium Adjustable Life policies. Many life insurance companies are engaging in abusive accounting practices that demand policyholders substantially increase their cost of insurance, monthly deduction, or premium payments, oftentimes more than doubling the payments required to… Read More »