Trusting in the Provision or the Provider??

TRUSTING IN THE PROVIDER

Sometimes it is quite clear what God is teaching us. In the last several years, I have friend after friend, and client after client lose their jobs through no fault of their own.

This Great Recession may look like a “recovery” to the economists in Washington, D.C., but here in Shelby County, Tennessee, it looks pretty bleak. I have walked with longtime employees who have had their jobs shipped off to Mexico. Some 20 year workers, who never took a sick day, have been laid off. Professional level pharmaceutical sales people are glad to have a job at a third the salary doing something else.

The ripple effects of the Great Recession are hitting charities, missionaries, non-profits and churches quite severely. It is sapping consumer confidence and has resulted in records deficits and debt for our country. While business is not directly tied to the economy, I definitely see the suffering in the eyes of my injured clients. Families that could have dipped into savings to help them previously, now are struggling with other own bills. Churches’ benevolence funds have dried up. Food pantries and crisis centers have been tapped out, many times by formerly middle class patrons.

So, in the midst of these storms, what can we learn?

The Apostle Paul concluded, “And my God shall supply all your needs according to His riches in glory in Christ Jesus” (Phil. 4:19). We are assured that God will supply our needs (not our greeds) and the reason is given: “His riches in glory by Christ Jesus.”

But it is hard not to worry. I have often heard that “Worry is the most common form of atheism.” Ouch!

But, it was the Lord Jesus Himself that was so exceedingly clear about anxiety regarding our daily needs:

Matthew 6:25-34 “Therefore I tell you, do not worry about your life, what you will eat or drink, or about your body, what you will wear. Isn’t there more to life than food and more to the body than clothing? 26 Look at the birds in the sky: They do not sow, or reap, or gather into barns, yet your heavenly Father feeds them. Aren’t you more valuable than they are? 27 And which of you by worrying can add even one hour to his life? 28 Why do you worry about clothing? Think about how the flowers of the field grow; they do not work or spin. 29 Yet I tell you that not even Solomon in all his glory was clothed like one of these! 30 And if this is how God clothes the wild grass, which is here today and tomorrow is tossed into the fire to heat the oven, won’t he clothe you even more, you people of little faith? 31 So then, don’t worry saying, ‘What will we eat?’ or ‘What will we drink?’ or ‘What will we wear?’ 32 For the unconverted pursue these things, and your heavenly Father knows that you need them. 33 But above all pursue his kingdom and righteousness, and all these things will be given to you as well. 34 So then, do not worry about tomorrow, for tomorrow will worry about itself. Today has enough trouble of its own.”

Matthew 6:25-34 tells us three times “do not be anxious” (6:25, 31 and 34). Anxiety is foolish because it is futile (vain, useless) in view of the Father’s care and knowledge of our condition and our needs.

He teaches us such worry is the product of being people of “little faith.” He shows such intimate care for the birds of the air and the lilies of the field, imagine how He cares for us.

But as the late Dr. Adrian Rogers used to say, “Yes, He feeds the birds of the air, but you notice He does not throw it in their nest every morning…they’ve got to go out and scratch for it.”

Mr. Peel often speaks at churches and civic clubs without cost in between “scratching out” a living handling workers comp, medical malpractice, nursing home, auto accident and disability cases. More articles are available on his website and blogs accessible at PeelLawFirm.com.

LISTING OF TORT REFORM BILLS IN TENN (VOTE -3/23

TORT REFORM BILLS IN TN THAT WILL RE-VICTIMIZE THOSE INJURED IN THE NAME OF JOBS--- "Come hurt our citizens-- it's cheaper here!!!"

(Contacts you can call are the end)

SB 0238
Kelsey
HB 0286
Dennis
Jobs Creation Lawsuit Reform Act. Defines "health care provider" and "health care liability action". Requires that compensation for reasonable attorney's fees, in the event an employment contract exists between the claimant and claimant's attorney, be awarded to the claimant's attorney in a health care liability action in an amount to be determined by the court with consideration to established limitations. Broadly captioned. (S: Kelsey; H: Dennis)



SB 0249
Johnson J.
HB 0183
Sargent
Tort Reform- Medical Malpractice & Products Liability. Creates the Private Attorney Retention Sunshine Act which requires state agencies obtaining legal services to conduct an open bidding process for services, seek general assembly approval for contracts over $1,000,000, and prohibits legal fees exceeding $1,000 per hour. Creates the Asbestos Claims Priority Act which prohibits the filing of specific asbestosis related claims including nonmalignant conditions, asbestos related cancer, mesothelioma, and wrongful death unless specific and enumerated prima facie evidence is shown by medical report and filed within 120 days of filing the complaint. Restricts premises owner liability for asbestos exposure on their property, and limits jurisdiction of Tennessee courts over asbestos claims. Creates the Innocent Successor Asbestos-Related Liability Fairness Act. Sets a maximum amount of liability placed on corporations that have incurred or assumed asbestos related liability as a result of a merger or consolidation prior to January 1, 1972. Redefines and expands the definition and requirements of a products liability claim including what constitutes defective and unreasonably dangerous, the burden of proof, requisite knowledge of both the plaintiff and the defendant, actions or knowledge by the plaintiff that absolve a defendant of liability, seller versus manufacturer liability, and seller indemnity. Creates a rebuttable presumption that when a seller or manufacturer is in compliance with applicable federal law a product is not considered to be defective. Replaces the term "Medical malpractice" with "Health care liability action" which clarifies the cause of action as limited to any civil action against a health care provider alleging injury related to the provision or failure to provide health care. Requires, rather than permits, a plaintiff in a health care liability action to include a demand for a specific sum in their complaint and limits suits against attorneys for failure to collect the demanded amount. Requires that a plaintiff file a HIPPA- complaint medical authorization form with their petition in a health care liability action. Allows an award of $75,000 or more in a health care liability action be made in periodic payments per court order and by party request. Restricts the amount of fees an attorney can collect in a health care liability action when employment contract was based on a contingent fee from a maximum of thirty three and one third percent of the damage award to various percentages based on the recovery amount, starting with forty percent of the first $50,000. Requires, subject to judicial waiver, an expert witness to have been practicing in the same specialty as the defendant to testify to duty and breach in a health care liability action. Prohibits specific expressive conduct and offers to correct from being used as evidence of an admission of fault against health care providers in suits and other disciplinary proceedings concerning unexpected results from medical treatment. Limits the amount of bond or other security a health care provider must post when an appeal is pending to no more than $1,000,000. Clarifies that groups qualifying as medical or peer review committees that provide review for the professional conduct and competency of peers are not limited to those listed in the code. Places the maximum amount of noneconomic damages recoverable under a civil action at $250,000 per person, $500,000 per occurrence, or a specified number based on the amount of full-time employees the defendant employs and restricts the award of punitive damages for claims involving drugs and devices. Redefines economic damages to include provisions regarding expenses forgiven, discounted, or covered by private insurance. Requires the plaintiff to show an actual out- of -pocket loss to recover any damages and prove causation in a suit for unfair or deceptive acts or practices. (pp 40.) (S: Johnson J.; H: Sargent)



SB 0250
Johnson J.
HB 0182
Sargent
Changes to venue, damages, and certain civil actions. Specifies that venue in transitory civil actions may be in a county where a substantial act, omission, or event allegedly occurred, instead of where the action arose. Specifies that venue for corporations in transitory civil actions may be in a county where the principal place of business is located. Removes venue for corporations within counties where the corporation has an office or agency located. Requires that each joined plaintiff must independently establish venue. Requires courts to dismiss certain claims, instead of adjudicating under forum non conveniens. Requires courts to consider certain factors when considering to dismiss an action or transfer venue under forum non conveniens. Specifies that it is a Class A misdemeanor to prevent a juror from serving jury duty or to require a juror to use annual, vacation, or sick leave to respond to a summons. Alters joint and several liability on multiple tortfeasors. Caps noneconomic damages at 500,000 dollars in medical malpractice lawsuits. Alters product liability actions to require the plaintiff to prove certain additional evidence, allow the product seller to be indemnified by the manufacturer in certain situations. Caps noneconomic damages at 1,000,000 dollars on all civil actions. Prohibits property owners or occupants from liability regarding certain injuries to independent contractors occurring on the property. Specifies how and when punitive damages can be awarded in certain actions. Caps punitive damages in certain actions at an amount depending on the defendant's net worth. (15 pp.) (S: Johnson J.; H: Sargent)



SB 0360
Johnson J.
HB 0174
Casada
Medical malpractice resulting from emergency care. Establishes new requirements for medical malpractice actions in an emergency department of a hospital. Establishes the claimant has the burden of proving, by a preponderance of the evidence, the gross negligence of the defendant. Requires the jury to be further instructed that injury alone does not raise a presumption of the defendant's gross negligence. (S: Johnson J.; H: Casada)



SB 0386
Kelsey
HB 0363
Dennis
Jobs Creation Lawsuit Reform Act. Enacts the "Jobs Creation Lawsuit Reform Act." Caps the reasonable attorney fees in medical liability/malpractice actions to 40 percent of the first 50,000 dollars in damages recovered, 33 and one-third percent of the next $50,000 in damages recovered, 25 percent of the next $500,000 in damages recovered, and 15 percent of any amount by which the recovery exceeds $600,000. (Broadly captioned.) (S: Kelsey; H: Dennis)



SB 0694
Faulk
HB 1157
Dennis
Death or adverse condition would have occurred anyway. Prohibits recovery in a medical malpractice case for negligent diagnosis or treatment that decreases a patient's chances of avoiding death or any other adverse medical condition where the death or other adverse medical condition would have occurred even if the defendant had not been negligent. Broadly captioned. (S: Faulk; H: Dennis)



SB 0696
Faulk
HB 1018
Lundberg
Punitive damages in civil actions. Declares as reasonable attorney's fees of up to one-third the amount of a punitive damages award. Requires that any award of punitive damages in a civil action be divided equally between the plaintiff and the state. Specifies that the state's portion may be applied as an offset against the amount of fees charged the state and that moneys beyond that will be deposited in a civil reparations trust fund, to provide grants to indigent civil litigation programs. Defers collection of punitive damages until all other judgments in a civil action are fully paid. Broadly captioned. (S: Faulk; H: Lundberg)



SB 0938
Kelsey
HB 1152
Dennis
Tort reform regarding punitives, noneconomic losses. Caps noneconomic losses at 250,000 dollars against each defendant or maximum of 500,000 dollars for each occurrence. Specifies that noneconomic losses do not include medical expenses, lost past or future wages or earnings capacity, other loss of income, funeral and burial expenses, economic value of services performed, or other similar actual monetary losses. Caps punitive damages at the greater of 250,000 dollars or twice the amount of compensatory damages, if the defendant employs more than 100 full-time employees. Caps punitive damages at the lesser of 250,000 dollars or twice the amount of compensatory damages, if the defendant employs 100 full-time employees or less. Specifies that such caps on punitive damages does not apply to certain actions. Specifies that each monetary figure will be adjusted at three-year intervals according to the Consumer Price Index rate. Specifies that such punitive damages caps do not apply to certain tort actions involving intentional or knowing mental states and when the defendant has been convicted of a felony that has one of the intentional or knowing mental states. Prohibits punitive damages in cases where the injury was caused by a drug or device that was approved by the Federal Food, Drug, and Cosmetic Act or the Federal Public Health Service Act or was an over-the-counter drug marketed according to federal regulation and the drug meets other conditions. Places the burden on plaintiffs seeking to prove discrimination in employment or retaliatory discharge at various levels regarding certain issues throughout the trial process. (S: Kelsey; H: Dennis)

Senate Status: Referred to Senate Judiciary.
House Status: Introduced 2/17/2011



SB 1522
Norris
HB 2008
McCormick
Tennessee Civil Justice Act of 2011. Enacts the "Tennessee Civil Justice Act of 2011." Specifies new venue requirements for any civil suit against a company to no longer include any county in which the business has an agency or office. Reduces from $75,000,000 to $25,000,000 the maximum bond a civil litigant must post to appeal a final order and stay execution of the order while on appeal. Establishes a normal rule requiring bond equal to 125% of the judgment, excludes punitive damages from the calculation of the bond amount and provides for an appeal without the risk of bankruptcy. Clarifies that a civil plaintiff may recover for economic losses incurred but not for charges subject to discounts or forgiveness of such health care charges that would be discounted under a health care plan. Limits non-economic damages to $750,000 per injured plaintiff outside of the health care liability action context and $750,000 per occurrence in the health care liability action context. Provides limits for punitive damages at two times compensatory damages or $500,000 whichever is greater. Prevents punitive damages in products liability actions when the defendant complied with state and federal regulations. Limits liability of a seller of a product except in certain specific circumstances. Enables interlocutory appeal of orders granting or denying class certification and automatic stays. (Part of Administration Package) (13 pp.) (S: Norris; H: McCormick)



SB 1322
Johnson J.
HB 1848
Sexton
Study - impact of tort reform on anticompetitive activities. Creates an advisory council to study the potential impact of tort reform measures on anticompetitive activities engaged in by hospitals, insurance companies and health care professionals and whether or not such impact, if any, would increase or decrease the overall cost of healthcare in this state. (S: Johnson J.; H: Sexton)



SB 0639
Johnson J.
HB 0384
Marsh
Successful parties in civil actions entitled to full costs. Clarifies that successful parties to a civil action are entitled to full costs unless the law states otherwise. Abolishes the use of judicial discretion to adjudge costs or apportion the cost between litigants in a civil action. (S: Johnson J.; H: Marsh)



SB 0651
Campfield
HB 1156
Dennis
Apportioning litigation costs in certain suits. Removes judicial discretion to apportion costs based on equity and permits recovery of certain litigation costs by the successful party to certain civil actions. Broadly captioned. (S: Campfield; H: Dennis)



SB 1807
Johnson J.
HB 1861
Sargent
Frivolous appeals - awarding of fees. State Summary: As introduced, allows a reviewing court to award an appellee's attorneys' fees and related filing costs if the court determines that an appeal is frivolous or taken solely for delay. - Amends TCA Title 16; Title 25 and Title 27. (S: Johnson J.; H: Sargent)







House Judiciary:

Officers:

Eric Watson (R) Cleveland – 201 WMB -615-741-7799 – rep.eric.watson@capitol.tn.gov

Jim Coley (R) Bartlett – 207 WMB - 615-741-8201 – rep.jim.coley@capitol.tn.gov

Vance Dennis (R) Savannah – 209 A WMB – 615-741-2190 – rep.vance.dennis@capitol.tn.gov

Members:

Eddie Bass (D) Prospect – 109 WMB – 615-741-1864 – rep.eddie.bass@capitol.tn.gov

Karen Camper (D) Memphis – 20 LP – 615-741-1898 – rep.karen.camper@capitol.tn.gov

Linda Elam (R) Mt. Juliet – 212 WMB – 615-741-7462 – rep.linda.elam@capitol.tn.gov

Jeremy Faison (R) Cosby – 202 WMB – 615-741-6871 – rep.jeremy.faison@capitol.tn.gov

Jim Gotto (R) Nashville – 205 WMB – 615-741-6959 – rep.jim.gotto@capitol.tn.gov

Jon Lundburg (R) Bristol – 20 LP – 615-741-7623 – rep.jon.lundberg@capitol.tn.gov

Debra Maggart (R) Hendersonville – 114 WMB – 615-741-3893 – rep.debra.maggart@capitol.tn.gov

Judd Matheny (R) Tullahoma – 15 LP – 615-741-7448 – rep.judd.matheny@capitol.tn.gov

Gary Moore (D) Joelton – 35 LP – 615-741-4317 – rep.gary.moore@capitol.tn.gov

Barrett Rich (R) Somerville - 117 WMB – 615-741-8690 – rep.barrett.rich@capitol.tn.gov

Janis Sontany (D) Nashville – 23 LP – 615-741-6862 – rep.janis.sontany@capitol.tn.gov

Mike Stewart (D) Nashville – 24 LP – 615-741-2184 – rep.mike.stewart@capitol.tn.gov

Rick Womick (R) Murfreesboro - 207 WMB – 615-741-2804 – rep.rick.womick@capitol.tn.gov

TORT REFORM WRONG FOR TENNESSEE

TORT REFORM WRONG FOR TENNESSEE

Governor Haslam has announced a number of measures that intended to help grow much-needed jobs in Tennessee.

The need for more jobs in our state is something that Democrats, Republicans, Independents and Libertarians can all agree upon. However, there are many paths to accomplish that goal.

I do not believe that tort reform should be included for a number of reasons.

The tort reform that is being proposed is a “one size fits all” $750,000 cap on non-economic damages and a cap on punitive damages of two times compensatory damages or $500,000, whichever is greater.

Some have questioned if the governor and majority leader Mark Norris of Collierville are trying to solve a problem that does not exist. After all, precious few cases go to trial in Tennessee, and verdicts are not approaching some never before seen record.

Conservative Fred Thompson has spoken out repeatedly on behalf of victims and the lawyers that represent them recently. He cites the tragic events involving a little 5-year-old girl, who went to a clinic in Tennessee for a simple, run in the mill tonsillectomy. But an incorrect dosage of medicine and a lack of oxygen caused her death. Reportedly, the medical records were then falsified altered in an attempt to cover it up and try to avoid responsibility.

Conservatives are inconsistent in this area. A backbone of the Republican Party is that less-government-is-better. However, any one size fits all approach that favors bureaucrats and regulations to regular folks on a jury should be an abomination to any conservative.

Haslam has touted these changes as creating a “more predictable legal environment for business development and job creation.”

Predictable? The very nature of the unpredictability of jury verdicts and punitive damages is part of what keeps us safe as consumers. Ford never knew a hard a fast amount that people burned alive in Pintos that exploded on impact, and still delayed recalling them back in the 70’s.

Thompson, for one, questions the job-creation claimed by tort reform on other grounds than just being speculative.

“Suppose you created five new jobs, but you had an egregious situation over here where somebody, because of recklessness and negligence, cost a child their eyesight,” he said. “And you put caps on that and said, ‘Oh, no, you can’t get what people used to get for that. It’s not worth as much anymore.’ That’s the trade-off we’re talking about. Even if you could prove jobs, how many jobs is it worth to treat somebody unfair?”

Will that be his legacy as a public servant? I agree that we all need jobs and I applaud Haslam’s attempts to do that. But, I really want Tennessee’s slogan to be something like:

“A Natural Place for Business.”

I am afraid it might, instead, become:

“Come hurt Tennesseans, their lives are cheaper here!”

LAW SCHOOL NO LONGER GUARANTEE OF JOB

LAW SCHOOL NO LONGER

GUARANTEE OF JOB

Back in the early 1990’s, when I attended law school, most students were pretty confident that they would land jobs upon graduation. The placement rate of over 90% back then, seemed to at least guarantee an income, if not a dream job.

I have been blessed in many ways, and have run my own plaintiff injury firm for over a decade now. However, I was surprised to learn that the National Association for Law Placement reported the 2009 placement rate to remain at an astounding 88.3%. I am surprised it is that high, and I was quite skeptical of that number.

In fact, that number turned out to be misleading. More than 30% of the 88.3% employed are actually working either temporary or part time jobs. There is no telling how many of the others may be considered “under employment.”

There are several trends that make jobs much more scarce for the new lawyer out there today.

First of all, I have watched one insurance company after another take their lawyers “in house.” This term means that they hire attorneys on salary to handle most matters. While larger or more complex litigation may be “jobbed out” to a traditional defense firm, much of that work dries up. These larger firms are the very ones who often hired interns during the summer and even had hiring tables set up in the lobby of the law schools. No more.

There is also the role of mediation. While I am a Rule 31 Listed General Civil Mediator by the Tennessee Supreme Court, I also recognize that the reduction it provides in litigation hurts defense lawyers out there.

Thirdly, so-called “tort reform” measures threaten both plaintiff lawyers and defense firms. Caps on judgments and various restrictions lessens risks to wrong doers who use larger firms.

Both political parties in Washington, D.C are constantly tossing around tax policy like the proverbial hot potato. Smaller law firms declare all income as personal, and therefore may find themselves in higher tax brackets. It is these small businesses that provide many jobs for paralegals, receptionists, assistants and lawyers. Without clarity of what the tax burden will be, many smaller firms are unwilling to hire more staff.

The law schools are still churning out 100’s of newly minted J.D.’s each year. Many have costly student loans to repay. Some who will graduate in the next couple years actually only went back to school to “wait out” the recession. Thus, there will be a further surge of hungry souls out here ready to travel to exciting cities, meet interesting people, and sue them.

Finally, the advent of television advertising has greatly increased competition for plaintiffs’ injury cases of all kinds. This can decrease margins for struggling firms and restrict hiring even further.

In general, unless you are called to practice, do not consider law school. Academically, financially and socially, law school is quite a challenge. And, with no assurance that you will even get a job interview, it is even less attractive.