As a Knoxville lawyer, one of the types of cases I handle is nursing home negligence. Here is unfortunate news from Maryville: "The Tennessee Department of Health said Thursday that it has suspended new admissions to a Maryville nursing home after a complaint investigation found violations that put residents in " 'immediate jeopardy.' "

The facility is Colonial Hills, 2034 Cochan Drive, in Maryville. Apparently, the nurses failed to properly monitor coumadin levels in various patients. Coumadin is nasty stuff, a blood thinner used a lot in the elderly to reduce the instance of blood clots, which can lead to strokes and pulmonary emboli. It's basic to coumadin therapy that you must keep a close eye not only on the levels of the medication in the patient, but also food and other drug interactions.

This situation is probably another example of an overworked and understaffed facility which, while common in nursing homes, nevertheless is no excuse for shoddy practice.

Last night, I watched the HBO documentary "Hot Coffee." The movie also has a Facebook page. For the first time in I don't know how long, the truth is told about our civil justice system. Lawyer turned filmmaker Susan Saladoff has finally explained -- in terms everyone can understand -- exactly what Big Business and Big Insurance have done.

Says the Hollywood Reporter:

Like many excellent documentaries, Hot Coffee is more a visual editorial rather than an all-encompassing and comprehensive distillation of a subject matter, in this case, our tort system.

Saladoff's presentation is well structured and logical. It goes something like this:

(1) Big Business and Big Insurance ["The Bigs"] use unlimited funds to propagandize the big lie that there are too many "frivolous" lawsuits. They use catchy phrases like "jackpot justice." They demonize the lawyers who represent injured victims of negligence. They stereotype all claimants into the one grab bag of hustlers looking for something for nothing. In other words, they prey upon the ignorance of the public.

(2) If the negative propaganda is not enough to dissuade people from filing suit, then The Bigs work to enact caps, or limits, on damage awards to limit their exposure. Thus, even if a jury has disregarded the propaganda and returned a big verdict, it's all for naught anyway. The filmmaker cites the Nebraska case of the severely brain damaged boy [obstretrical negligence], who had a life care plan of $6 million. After trial, the jury verdict was over $5 million. The judge cut the award to $1.25 million because of Nebraska's law capping all damages at $1.25 million. So now, he's dependent on state and federal funds (Medicaid, Medicare) to pay for his ongoing life care needs. Big Business and Big Insurance don't care, as long as they don't have to pay for it.

(3) If The Bigs get a case that, despite the propaganda gets a big verdict, and despite the legislative maneuvering is not subject to a cap on damages, then The Bigs spend millions and millions of dollars ensuring that pro-business judges are elected to state appellate courts. The filmakers cover the story of Supreme Court Justice Oliver Diaz who, having eked out a narrow victory over the U.S. Chamber of Commerce candidate, was then criminally prosecuted for three years for a variety of questionable/bogus charges. He was acquitted on all counts, but couldn't sit on the bench during that three years, and was subsequently defeated in the next election.

And,

(4) Big Business and Big Insurance have been remarkably successful in getting businesses to require mandatory arbitration, forcing people to waive their right to a jury trial in court. The arbitrator is commonly selected by the business, and the business wins in the arbitration something like 87% of the time.

This film is truth-telling at its best, and should be required viewing for anyone interested in our civil justice system. Or what's left of it.

UPDATE: Here are some of the HBO re-broadcast dates and times:

HBO: June 30 (1:30 PM), July 2 (10:00 AM), July 5 (10:30 AM), July 10 (4:00 PM), July 12 (12:30 AM)

HBO2: June 29 (8:00 PM), July 16 (6:10 AM), July 25 (4:55 AM), July 28 (6:30 PM)

It is also available on HBO's On-Demand service.http://www.blogger.com/img/blank.gif

DVDs will be available in September. You can sign up to pre-order DVDs here.

OK, this is really funny: Football Cops,starring Peyton and Eli Manning. Here's a trailer of the "first season:"

As Goes Comcast, so Goes the Nation? I like this summing up: "We in the middle class would more than gladly hand over our cash to Wal Mart, Starbucks, and yes, Comcast; if only we had some."

Bogus officer tries to stop a real one. On the one hand, that's a real "Pranked" moment for the impersonator. On the other hand, it's a bit scary that I -- or anyone else -- might be pulled over by some nut with a strobe on top of his car. And then there's the unasked question: what was this guy pulling people over for?

Pasties and thongs instead of bikinis? Not illegal in Tennessee!

Here's a lawyer that gets my respect:

Cobbins’ defense attorney, Kim Parton, refused Thursday to raise that issue [Judge Richard Baumgartner possibly being under the influence of pills] as grounds for an automatic motion for new trial filed in Cobbins’ case. She was so emphatic in her belief that Baumgartner, who has since resigned and pleaded guilty to a felony charge of official misconduct, was in his right mind when Cobbins was tried that she sought to withdraw from representing Cobbins, who insisted she argue he deserved a new trial because of Baumgartner’s alleged impairment.

Richard Baumgartner was a distinguished lawyer and judge. As a Criminal Court jurist, he presided with dignity and grace over many of the most difficult and notorious cases in Knox County over the past two decades. Anyone who saw how ravaged his face became over the past couple of years knew that he was suffering from something. I thought it was merely him aging; I had no idea what he was going through.

For Kim Parton to refuse to raise the "judge under the influence" issue shows what trial lawyers are capable of. It's a no-brainer argument, one would think, at least if one gets one's education from the plethora of stupid lawyer shows habitually on the air. Howver, unless there is some evidence that Baumgartner actually was under the influence at the time of the trial, or that his conduct was somehow degraded to the point where the defendant failed to get a fair trial, Ms. Parton is absolutely right to refuse to raise the argument. And she is absolutely right to move to withdraw as counsel if the client is insisting she do something she believes is inappropriate. That's what lawyers are supposed to do: use independent legal judgment, regardless of how unpopular that judgment might be.

Kim Parton gets my "Lawyer of the Week" award (I invented it just now, just for her).

TDOT says Britton Bridge can resume projects; future contract eligibility in the air. Here's my problem with this wishy-washy approach. If Britton Bridge is excluded from bidding on future jobs, it would be presumably because they run an unsafe business. In that case, why would they be allowed to continue the four jobs they are working now?

Either they are a safe business and therefore eligible to bid jobs in the future, or they are unsafe and should be removed from all current work now. And if there is a finding that Britton is unsafe, is it not dangerous to the workers on their job site -- not to mention the public -- to allow them to continue? If they are a safe business, then why would TDOT implicitly defame them by tossing out the notion that they might be prohibited from future bidding? It strikes me as contradictory to let them finish current jobs, presumably safely, but perhaps bar them from future bidding.

TDOT, make up your mind.

Knoxville's finest? "A former Knoxville Police Department officer accused of plying teenage girls with booze in racy encounters inside his home and downloading pornographic videos featuring teenage girls has struck a tentative deal to confess."

Sexual misbehavior or bullying? Middle schoolers hold student down, attempt to insert felt tip pen in victim's rectum.

Who cares which way to characterize it? This is just wrong.

UPDATE: Apparently the jury saw it my way: Families awarded $100K each in Wayne County hazing case

Knox deputies raid two gambling operations, seize cash, gaming tables. Who needs Las Vegas? Or, that's why they call us "Knox Vegas."

Browns Ferry Nuclear Reactor Worst In Nation: "Despite the need for improvements, he said, safety was never compromised in a way that would threaten employees or nearby communities." Bet they said that in Japan, too.

Guys, let's fix these problems, OK?

Sax solos out of style? When did that happen? At least they seem to be coming back in vogue. So I guess my 20 year plus trip off planet Pop Music now is negated. Right? Uh, right??

The final edition of the New York Times.

Slate: The Republican Party, "where magical thinking trumps rationality, and even to acknowledge basic realities about the world we live in runs the risk of damaging one's political future."

Is Tennessee's new "Special Access to Discriminate" law unconstitutional? While I'd like to think so, there are arguments both ways.

UPDATE: Sure enough, it looks like there will be a legal challenge to this odious new law.

"It was stupid of me. I was a dumbass." I love this guy (not). He gets soused at the bar, tells a passel of lies to try to pick up the girl next to him, and then -- if that's not enough -- he says he has weapons on board (knockout gas). I like a good joke as much as the next guy, but even I know not to joke about that kind of thing in an airport or on an airplane. Has this guy been under a rock for the past 10 years?

Knoxville News-Sentinel: "Haslam touted tort reform as a jobs initiative, arguing that companies were reluctant to come to the Volunteer State because they might have to pay damages if found at fault in civil litigation. There was scant evidence that Tennessee juries have been tossing about outrageous awards, however, or that businesses were afraid to move here because of it."

This is what I've been saying. Instead of working to improve our state's economy and generate new jobs, the Governor and Legislature have been taking care of their pals in Big Insurance and Big Business. If you don't like your elected representatives brazenly taking away your rights through the so-called "tort reform (I call it "rights restriction") legislation -- rights you have had for over a century -- then vote them out of office. I'll be right with you there.

Let's be careful out there: One in 14 Downloads is Malicious.

Call her "Your Honor:" Tammy Harrington selected as new Blount County Circuit Court Judge.