Tennessee law requires that the plaintiff present expert proof that the defendant violated the standard of care applicable in the community in which the care was given at the time the care was given. Proof of the standard can come from an otherwise qualified expert who knows the standard of…
The Pop Tort has done a nice job collecting information about Americans Legislative Exchange Council (ALEC), the corporate, right-wing group that sponsors a terrible array of legislation that has found its way to the Tennessee General Assembly. Read and learn about the dirty underside of our poliltical process.
You cannot try to murder your ex-wife and then avoid a judgment against you for compensatory or punitive damages by filing bankruptcy. The Court of Appeals for the Seventh Circuit rejected the effort of David Larsen to use the bankruptcy system to avoid his financial obligation to his former wife. …
Tennesse law limits damages that may be recovered in personal injury and wrongful death cases. The limits apply only to cases that arise from events that occur on or after October 1, 2011. Medical expense and lost wages claims are not limited. However, damages for pain, suffering, disfigurement, disability, loss of enjoyment…
Social networking by jurors can result in a new trial, creating increased expense for the parties. The American College of Trial Lawyer has issued a brief report on this issue, and has proposed several instructions to prospective and empaneled jurors. For example, ACTL recommends that this language be included on summonses…
Tennessee law permits the recovery of punitive damages when a defendant has engaged in reckless conduct. Because the standard for criminally negligent homicide mirrors the standard for recklessness necessary to recover punitive damages, the Tennessee Court of Criminal Appeals’ affirmation of the guilty verdict against a criminal defendant in a recent case could…
The Western Section of the Tennessee Court of Appeals has held that the construction statute of repose is not tolled for minors. By five years after a home or building is substantially completed, all bets are off. Even if the roof collapses on toddler in a crib, the contractors, architects, etc. are immune from…
The Court of Appeals for the Fifth Circuit has ruled that the assets held in a special needs trust created out of the proceeds of a personal injury settlement are not available to satisfy an ERISA subrogation interest. The Court held that the injured plaintiff never had possession or control over…
Oral arguments were held a couple months ago on the validity of caps on damages under tort reform measures in medical malpractice cases in Florida. The arguments on now available on the Web.
The Senate Judiciary Committee has just voted to reject a bill that would have allowed corporations and other employers to escape responsibility for punitive damages based on the reckless conduct of their employees. SB2637 by Republican Senator Brian Kelsey (House version by Republican Rep. Vance Dennis), Tennessee would have held…