The number of jury trials in Tennessee tort cases continues to decline, according to data released by the Tennessee Adminstrative Office of the Courts. In the one year period ending June 30, 2011, there were only 222 jury trials in tort cases in Tennessee state courts. Ten years ago, the…
New data out from the Tennessee Administrative Office of the Courts puts data behind what those of us who practice tort law knew: tort filings are down in Tennessee. The AOC’s Annual Statistical Report shows that tort filings for the one year period ending June 30, 2011 were 10,576. Ten…
We all know that the services provided by homemakers have a substantial value, but this article from Vestopedia puts some numbers on it. The author notes that " The life of a homemaker is one that includes an endless amount of demands and to-dos. Depending on the size of the…
The Arkansas Supreme Court has rejected an effort by the Arkansas Legislature to define who is permitted to give testimony as an expert witness in a medical malpractice case. Broussard’s medical malpractice case was dismissed on summary judgment after her expert witness was excluded under Arkansas Code Annotated section 16-114-206 (Repl.…
It takes a particular type of jerk to project a loogie onto a hamburger that is being served to another person. (I guess you would never do that to a hamburger you intended to eat yourself.) And there is a relatively small subset of jerks who would do this…
Jury Research Institute has a fine article about the all-important task of witness preparation. The article breaks down the preparation process into three stages: Stage 1 involves orienting the witness to the courtroom and the roles of the people who the witness can expect to see in the courtroom. Stage…
The Federal Rules of Evidence have been "restyled" effective December 1, 2011. The objective was to make the rules simpler to understand and use without substantively changing the meaning. The Federal Evidence Review has a free PDF that not only contains the new rules but also links to legislative history,…
Two lawyers in Connecticut recently made news when they elected not to put on proof of economic losses in a trial of a personal injury case, instead focusing on non-economic damages. The result? A verdict for $10 million in non-economic damages. The case arose when representatives of Segway failed to…
U.S. Transportation Secretary Ray LaHood has announced a final rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action…
This article by an emergency room physician in Texas providers a good summary for the evaluation of chest pain in the emergency room. The article explains that "The decision to discharge a patient who presents with chest pain as the primary complaint should be made only after careful consideration…