Recent Blog Posts

Tennessee Court of Appeals Tosses $28M Punitive Damage Award in Fatal Nursing Home Neglect Case
Nursing home abuse and neglect is a serious problem in Tennessee. Understaffed and improperly managed facilities often fail to provide the legally mandated standard of care. And when residents sustain serious injuries–or die–as a result of such mistreatment, the negligent parties need to be held accountable. Court Holds Parent Companies Not Liable for Nursing… Read More »

What Happens When an Insurance Company Refuses to Defend a Negligent Driver from a Personal Injury Lawsuit?
If you are injured in a car accident, you have the right to seek damages against the negligent driver. In most cases, the other driver’s insurance company is actually responsible for defending against the personal injury claim, and paying out any damage award within the policy limits. Of course, insurance companies often try to… Read More »

Bayer Loses Early Battle to Keep Essure Lawsuits Out of State Courts
Pharmaceutical giant Bayer currently faces upwards of 17,000 lawsuits throughout the country over Essure, its “permanent birth control” device which is tied to serious injuries. Although no Essure case has gone to trial as of this writing, Bayer is mounting an aggressive legal defense. In addition to denying that Essure is defective–despite announcing plans… Read More »

Bayer AG Withdraws Essure Birth Control Devices from U.S. Market
Many Tennessee women use implantable “permanent” birth control devices to protect against accidental pregnancy. But are these devices actually safe? In recent months approximately 16,000 women have filed lawsuits against Bayer AG alleging its popular Essure device have caused a variety of medical complications, including damage to their uterus and Fallopian tubes. In response… Read More »

Missouri Court Upholds $1.5M Judgment in Amusement Ride Accident Lawsuit
Many amusement park and amusement ride accidents are the result of improperly trained staff. Patrons trust the people operating rides to know what they are doing, especially when it comes to safety. But in too many cases, amusement operators fail to provide proper training–or even adequate staff–and the results may be catastrophic for a… Read More »

St. Louis Jury Orders Johnson & Johnson to Pay $4.14 Billion to Talcum Powder Victims
Johnson & Johnson continues to rack up defeats–at least with juries–as the pharmaceutical giant recently lost another talcum powder case in Missouri. In mid-July, a jury sitting in St. Louis found Johnson & Johnson’s popular baby powder caused 22 women to develop ovarian cancer. The jury ordered the company to pay $550 million in… Read More »

Clinton Victim Speaks Out on Rise in Tennessee Motorcycle Accidents
Summer is a popular time for Tennessee motorcyclists to take to the open road. Unfortunately, the road is not always so friendly to motorcycles. There has been a notable increase in fatalities related to motorcycle accidents in recent years. According to the Tennessee Highway Patrol’s most recent statistics, a record 147 motorcyclists died on… Read More »

Custodians’ Neglect Leads to $180,000 Slip-and-Fall Judgment Against TN School District
Perhaps the most common type of slip-and-fall accident involves a person slipping on a wet floor due to a lack of proper warning signs. Such personal injury claims are relatively straightforward. But they may be slightly complicated when the “wet floor” in question belongs to a state or local government entity. Court Rules Teacher… Read More »

Is a Company Liable for an Accident Caused by an “Independent Contractor”?
It is fairly well established in Tennessee law that an employer is vicariously liable for a car accident caused by an employee within the scope of his employment. But the same rule does not typically apply to independent contractors. And in many cases, it may not be immediately apparent which category a negligent driver… Read More »

Court of Appeals Upholds $7M Wrongful Death Judgment in 2011 Murder Case
Personal injury claims normally involve negligent acts. That is to say, the defendant did not intend to injure the victim. Instead, the defendant was merely reckless or careless in performing some duty owed to the victim. But there are also personal injury lawsuits based on intentional or criminal misconduct. The fact that a defendant… Read More »