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
Monday, March 28, 2011
Molly's Plant Food confiscated by law enforcement: apparently, this stuff is considered as a synthetic substitute for ecstasy. But it's not been banned by statute, so if you wonder how the state can simply take this stuff off the shelves, read the AG's press release. In summary, the AG went to court, presumably in Nashville, and got a Chancellor to issue a temporary restraining order to allow the confiscation. Now, this shouldn't be a particularly easy task for the AG. He must prove there is a substantial risk of irreparable harm. His press release says that an emergency services doctor from Cookeville testified before the Legislature on this topic. His testimony must be how they proved imminent danger of irreparable harm.
Aha! Wait; did he really say that? Governor Bill Haslam admits his rights restriction legislation is unnecessary: "Tennessee has not had a problem with excessive awards in civil cases," he told the Tennessean newspaper in Nashville recently. But he's got to justify support for an unnecessary bill some way, doesn't he? This is the best he could come up with: Tennessee "should act to discourage trial lawyers from shifting their cases to the state in response to clampdowns on damages in other states." Well that's not right; Tennessee plaintiffs -- for the most part -- must have been injured in Tennessee before they can file suit in this state. As the retired circuit court judge author of the linked piece suggests, "Could it be that this corporate multimillionaire governor is attempting to remove yet one more layer of restraint on corporate greed and malfeasance in Tennessee?"
Uh, well yeah.
Uh, well yeah.
Subscribe to:
Posts (Atom)