Many plaintiff’s lawyers limit themselves to reading only legal articles written by lawyers who also represent plaintiffs. Big mistake. There are lots of good resources out there written by members of the defense bar. This article, by Richards H. Ford, is a fine example. Titled "Negligent Security: When is Crime…
My friend Kyle Hendrick from Chattanooga send in a nice comment this morning, referencing a post of over 4 years ago that, quite frankly, had completely slipped my mind. I looked it up – and here it is: The President’s daughter Jenna has written a book that she "very, very modestly"…
The American Medical Association has finally recognized the important role that lawyers play in advancing the interests of their clients in the justice system. Indeed, it has even created a "Litigation Center" to "ensure physicians’ rights are upheld in the most important challenges facing today’s working physician." Rumor has it…
The Tennessee General Assemby has made it more difficult to bring worker’s compensation cases when the injured employee tests positive for the presence of alcohol or other drugs. Under current T.C.A. Sec. 50-6-110 if an injured employee has a positive (within defined limits) blood test it is presumed that the…
The Asbestos Law Journal has this great post on a huge asbestos verdict in Mississippi a short time ago. The blog notes that "part of why the jury did so may be because of a handwritten note that indicates one of the defendants engaged in a cost-benefit analysis that concluded…
The Tennessee Bar Journal has published an article I wrote concerning the permissible scope of expert testimony. The article discusses the decision of the Tennessee Court of Appeals in Holder v. Westgate Resorts Ltd.. Here is the majority opinion and here is the concurring / dissenting opinion of Judge Susano.…
The Tennessee General Assembly has passed new legislation designed to enhance the safety of bicycle riders. The legislation is Public Chapter 192 and will come into effect on July 1, 2011. The new legislation arms those representing bicycle wreck victims with a basis for asserting negligence per se against defendant drivers.
On Monday, May 16, 2011 the American Law Institute adopted Chapter 10 of the Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm. Chapter 10 addresses liability, both direct and vicarious, of those who employ an independent contractor. It replaces Chapter 15 of the Prosser /…
Among the bills passed by the Tennessee General Assembly is Public Chapter 130, a bill that dramatically changes the law applicable to the business of insurance. The legislation repeals the ability of consumers to sue an insurance company under the Tennessee Consumer Protection Act or any other statutory provision other…
The tort reform package developed by a coalition of business interests and promoted by the Republican Party has passed the Tennessee House and Senate. The bill was aggressively promoted by the Governor’s Office and thus will be signed into law in the next few days. The Legislation creates many changes…