The United States Court of Appeals for the Sixth Circuit has ruled that all material given to testifying expert witnesses must be disclosed, including attorney opinion work product materials. The circuits have been split on this issue. In Regional Airport Authority of Louisville and Jefferson County v. LFG, LLC, Case…
I know that this article is off-topic, but I could not let it pass. It seems that claim severity is down in the worker’s compensation market. This article reports that "[o]verall injury rates have dropped by an average of 3.9% per year since 1996 including an estimated 4.5% decline in…
The Judicial Selection Commission has selected three people for the open position on the Tennessee Supreme Court: Hon. Bill Koch (Judge on the Court of Appeals, Nashville), Hon. D’Army Bailey (Circuit Judge, Memphis) and Houston Gordon (lawyer, Covington). None of the appointees was from East Tennessee because there are already…
I hope each of you had a wonderful Labor Day Weekend. My wife and I spent the weekend at the lake. Saturday and Sunday I did no work whatsoever, the first time in months I have taken two days off in a row with absolutely no work. Monday I was…
Wennesday was an 18+ day and today gives rise to hearings in Clarksville in the morning and an important deposition in Brentwood in the afternoon. Pardon me, folks, but I am taking a day off.
Dr. Bill Frist, who serves both as Majority Leader of the United States Senate and Founder and CEO of APCDBAV (Association of Physicians Capable of Diagnosing Brain Activity Via Videotape), applied for renewal of his medical license in Tennessee, pledging that he met the CME requirements of the State. This article…
Former Justice Penny White, former Judge Joe Riley and I are holding our civil trial practice seminars again this Fall. We started Justice Programs three years ago with the idea that, with increasing specialization in the Bar, a large number of people would prefer to attend an "annual review" program that was…
Damage paid for personal injury claims are not taxable, right? Wrong. Damages paid for personal injury claims "“on account of personal physical injuries or physical sickness” are not taxable. 26 U.S.C. § 104(a)(2). Damages paid for purely emotional injuries are taxable, at least in the opinion of the IRS. Now,…
Here is an interesting site that provides a good number of links of use to tort lawyers (and others). The site is published by the Philadelphia Association of Paralegals and has more than 100 links. For instance, Omni Medical Search is a site that I was unfamiliar with that is referenced by…
Next Wednesday (August 16, 2006) I will be presenting a one-hour seminar on Tennessee tort law. The seminar is called "Tennessee Tort Law: What’s Hot, What’s Next." The telephonic seminar is sponsored by M. Lee Smith & Co. and begins at 10:00 CDT. Register here.