Herman Cain has been accused of sexual harassment. He denies the allegations. What about the women who asserted the claims? The ones who allegedly received money from the National Restaurant Association, Mr. Cain’s employer at the time? What do they say? Apparently, they aren’t saying anything because as a condition…
Day on Torts
Day on Torts: 2000 Entries
Yesterday I posted my 2000th entry on this blog. 2000 posts in 78 months – this blog started in the Spring of 2005. I celebrated by writing five posts for the coming week. Thanks for reading.
Republicans and Their Never-Ending Efforts To Find Jobs for Our Citizens
You have to give the Republican Party credit – they are working hard to create jobs for those who are out of work. In Tennessee, for example, the right to trial by jury was limited for every Tennessean so that somebody somewhere could get a job. The right that citizens…
Using PowerPoint At Trial? Watch This.
PowerPoint is a useful tool at the trial of personal injury and wrongful death cases. However, there is a right way and wrong way to use it. This video by Don McMillian points out some of the errors one can make in the use of PowerPoint. Does this…
Day on Torts Nominated for Top 25 Tort Blogs Award
I received this announcement from LexisNexis on Friday the 28th of October:: Each year, LexisNexis honors a select group of blogs that set the online standard for a given industry. I’m pleased to notify you that your blog is one of the nominated candidates for the LexisNexis Top 25 Tort…
Plaintiff’s Attorney in Wrongful Death Case Owed Duty to Minor Beneficiaries
The defendant and his law firm was hired to bring a wrongful death action for decendent’s (Anderson’s) estate and to assert loss of consortium action by Anderson’s wife. The case was dismissed, arguably after the experts in the case were thrown out after a Daubert challenge.. Lawyer did not timely…
Comment on Post on Becoming a Good Lawyer from Associate’s Mind
Associate’s Mind is a fine blog that is well worth adding to your RSS feed list. Today’s post, Becoming a Good Lawyer Requires Failure, is an exceptional piece. Do not be mislead by the headline, which I suspect was selected to grab attention (and it does. Readers will be happy to…
Suit Against Horse Owner Must Include Proof of Negligence
The Court of Appeals of Mississippi has ruled that a plaintiff injured when her vehicle collided with a horse on a dark roadway must prove that the horse owner was negligent is allowing the horse to be on the road. In other words, the mere fact that the fence did…
Discovery of Confidential Settlement Agreements
The Fourth District Court of Appeals for Florida has ruled that a non-settling defendant cannot obtain a court order forcing disclosure of confidential settlements between the plaintiff and settling defendants. Plaintiffs were involved in an auto accident that was allegedly caused by tire failure. They sued the car…
Do You Need An Appellate Lawyer At Trial?
I read a tweet the other day suggesting that a lawyer should have had an appellate lawyer present at trial. I cant remember who wrote the tweet but, if I had to guess, it was an appellate lawyer. I guess an appellate lawyer will do you some good at trial…