Archive for September 2009

AAJ President: Putting trial lawyers out of business

Sep 30th, 2009 | By Ed Wallis | Category: Medical Malpractice

American Association for Justice president Anthony Tarricone has issued an OpEd at Politico:
August was quite the month in the ongoing health care saga. Death panels. Scaring seniors. Angry mobs discovering new villains to blame for the terrible health care system we find ourselves having to fix today.
And then we have the tried-and-tested scapegoat for all [...]



Affirmative Defenses Require More in Tennessee

Sep 30th, 2009 | By Ed Wallis | Category: Civil Procedure (TN)

A new decision of the Tennessee Court of Appeals makes it clear that Tennessee Rule of Civil Procedure 8.03 means what it says.  In Allgood v. Gateway Health Systems,  No. MC-CC-CV-MA-06-391 (Tenn. Ct. App. Sept. 22, 2009), the Court held that a defendant who asserted an insufficiency of process defense that was lacking in any supporting facts could not use [...]



Tennessee Supreme Court issues new opinion on comparative fault

Sep 30th, 2009 | By Ed Wallis | Category: Civil Procedure (TN), Medical Malpractice

The Tennessee Supreme Court has ruled that a plaintiff who lost a medical malpractice case in federal court was not prevented from bringing another lawsuit against a doctor employed by the state, even though the jury in federal court assigned no fault to the non-party physician in the federal court case.
The Court held:
We have determined [...]