Article in TBA Journal About Comparative Fault Issue

The Tennessee Bar Association has published my article about the recent Moreno decision and the unintended consequences of that decision.

The article is titled “Donald Margolis, “Moreno,’ and Unintended Consequences.”

An excerpt:

Every decision (and every failure or refusal to decide) — from a court or otherwise — has consequences, some of which are readily foreseeable and some of which are not. Walter White did not intend to cause a tidal wave through Donald Margolis. But he did. And I doubt the court intended to increase litigation by causing a reduction in the use of tolling agreements in tort cases.

But it has.