The Tennessean has a fascinating video interview of Todd Easter, one of the jurors in the Corey Batey and Brandon Vandenburg rape trial. Juror feedback in any case gives trial lawyers helpful information about how to present information to a jury. Mr. Easter’s interview yielded the following reminders: …
Attorneys for one of the defendants convicted of raping an unconscious student intends to file a motion for a mistrial based on juror misconduct. Specifically, the juror in question was a rape victim and allegedly failed to disclose that fact during voir dire questioning. Defense attorneys contend the juror was asked…
Jason Lee has reviewed my book, Tennessee Law of Civil Trial, on his Tennessee Defense Litigation blog. Some highlights: The way I would characterize this book is it is a practical guide to the ins and outs of trial practice. There are citations to case law throughout the book that can…
Here are the verdicts collected by the October, 2014 Tennessee Jury Verdict Reporter: Health Care Liability – epidural steroid injection with back injury – June 27, 2014 – defense verdict in state court in Davidson County Abuse of Process – photographer arrested – August 22, 2014 – defense verdict in…
In Bilbrey v. Parks, No. E2013-02808-COA-CV (Tenn. Ct. App. Sept. 29, 2014), a negligence case arising from a car accident, the Court of Appeals recently addressed two evidentiary issues. Plaintiff, her aunt, and her boyfriend were in plaintiff’s car when it ran out of gas. The car was pushed onto…
This is a decision about a divorce trial but we are reviewing it on Day on Torts because we always write about cases involving train wrecks. Seriously, we will cover this case because it contains some useful reminders about (1) a party’s obligation when briefing issues on appeal; (2) the appropriateness of…
This appeal arises from a December 24, 2010 motor vehicle accident involving a vehicle driven by Johnny Miller and another vehicle driven by Mr. Moretz. The cause of the accident was hotly contested with both parties claiming the other to be at fault. As for damages, Mr. Miller and his wife, who…
You file a motion in limine to exclude testimony of defendant’s expert witness. The motion is denied. Do you have to object to the testimony of the expert at the time he or she testifies to preserve the issue for appeal? Maybe. The Wyoming Supreme Court has ruled that a later…
It takes a lot of time and money to get a medical malpractice (now called health care liability) case to trial in Tennessee. Thus, when such cases do get to trial, it is essential that the lawyers and parties follow the orders of the court concerning evidentiary matters such…
The law gives parties the right to strike a limited number prospective jurors from serving on a particular jury without demonstrating "cause, but that right is limited by case law designed to prohibit discrimination. Should a party’s right to peremptorily challenge a juror because of his or her sexual orientation…