The Rutherford Weinstein Law Group, PLLC blog, covering legal news as well as items of interest to clients, potential clients, and anyone else who happens to view the page. . . . www.knoxlawyers.com
Friday, May 13, 2011
Translation: Tennesseeans, your state government has just passed a bill that is not based on any proven need. They are moments away from changing over 200 years of established law based on nothing but the greed of Big Insurance and Big Business, and the legislators and governor who are eager to do their bidding.
What have we come to? And, God forbid, where are we going?
Monday, May 02, 2011
Let us consider what our Legislature is doing. For over 200 years, we have trusted juries to decide the amount of damages in civil cases. Most people don't know that the jury is backstopped by the judge, who can -- and often does -- reduce a jury verdict that he, as the "thirteenth juror," believes to be excessive. There has been no data or statistic presented to the public to support the Republican claim that this rights restriction bill would encourage businesses to come to Tennessee. They are making it up as they go.
If this bill becomes law, then the Legislature and the Governor will have completed their wholesale betrayal of the people of Tennessee, in favor of Big Insurance and Big Business. It will be a sad and catastrophic day.
Friday, April 29, 2011
The law of tort is that if someone hurts someone else, they should make up for it. Our smallest children learn this rule along with "do unto others. ..." This is very core of the principle of personal responsibility. It's why we have a tort system.Also true:
Government telling a jury it may not award a full measure of justice for someone harmed by another — even if the harm is proved — violates the second principle of conservatism. Government imposed limits on general damages is the antithesis of limited government. Government intervention in civil matters shifts the risk of loss from the wrongdoer to the injured at the point where caps apply. Such risk shifting and responsibility forgiving is plainly government meddling in private matters.Does anyone else wonder at the cynicism of the so-called conservatives running the state -- and the lives of Tennesseeans -- into the ground just to aid Big Insurance and Big Business at the expense of us all?
I thought Republicans were for getting government out of peoples' lives. I thought Republicans were for limited government. Well, our state Republican representative is both wasting our time and his, and he is injecting government into places where it doesn't belong.
I guess Republicans are in favor of all that getting government out of peoples' lives philosophy, until they're NOT in favor of them. What's the word for that? Oh, yeah: hypocrisy.
Thursday, April 28, 2011
[The Republican legislators] ran for office vowing to keep government off your backs and not to stick its nose where it doesn’t belong. But example after example keeps popping up of them doing just the opposite. Local school system control? Forget about it. They know best. The Metro Council deciding local contract requirements? The legislature is on its way to overriding that. Jury control over awarding damages? The legislature knows best, silly jurors.Kerr recommends adjournment as the cure for "illogithink." But she's wrong there; adjorning the Legislature puts the problem off to another day, instead of solving the problem. Frankly, we Tennesseeans have to actually start paying attention to the representatives we elect, what they stand for, and whether they will serve us, or their own "illogithink" agenda.
Monday, April 25, 2011
This state of affairs, by the way, is exactly what Big Insurance and the chambers of commerce want. If they cannot prohibit a person from suing, they'll do the next best thing: make it so difficult, expensive and time-consuming that the lawyers can't take the case.
Wednesday, April 20, 2011
What I tell clients is this: I cannot make it part of a lawsuit to compel wrongdoers to change their behavior or how they do business. All I can do is sue them for money damages to compensate the client. However, if pursuing a lawsuit gets the wrongdoer to change its behavior to everyone's benefit, well that's all right by me.
State court records show that very few lawsuits in Tennessee ever go to a jury, and fewer yet end up with awards higher than the caps Gov. Bill Haslam is close to winning in the General Assembly. Last year there were 14 such trials in the state. Some people who did win awards say they didn't want the money as much as they wanted a weapon to stop actions like the ones that killed their loved ones.
When it comes to cases like defective products lawsuits or actions against businesses, the sad truth is that simply speaking sternly to the wrongdoer will not induce him to change his behavior. The only way to get their attention is to hit them in the pocket book.
Of course, the quote above shows that the whole thing is incredibly cynical from the defense side. As a colleague in the defense bar said to me recently, "No one tries big cases any more, they get settled." So, Big Insurance and the chambers of commerce may moan about the high verdicts, but the fact is that they usually will settle out any case where they think they've got serious monetary exposure. They voluntarily pay up. Because, to them, it's all about the money. It's a bean counter thing; if it's cheaper by their calculation to settle the case, they will.
Wouldn't want that, would we?
I guess that means we haven't had any unemployment increases here.
Monday, April 18, 2011
Among the legislators supporting the bill: The House Democratic Leader, a bank executive who is also the president of the Tennessee Banking Association. No conflict of interest there, no sir! Jeez.
Friday, April 15, 2011
Ultimately, the question comes down to whether a jury of peers is competent enough to assess damage for a legitimate malpractice claim and award a proper amount. Or should elected officials determine an arbitrary amount that allows for no wiggle room in cases where larger amounts can be and should be awarded?
In this case of tort reform and the proposed capping of medical malpractice lawsuit awards, the fix appears worse than the problem.
A vote for this legislation is a vote of no confidence in the judgment of the Tennessee citizens who sit on juries, and have done so for the past 214 years.