The Tennessee General Assembly has adopted rule changes proposed by the Tennessee Supreme Court. This is one of multiple posts discussing the new rules of most interest to tort lawyers. Rule 26 of the Tennessee Rules of Civil Procedure has been changed to increase the disclosures required for expert witnesses.…
The Tennessee General Assembly has adopted rule changes proposed by the Tennessee Supreme Court. This is one of multiple posts discussing the new rules of most interest to tort lawyers. Rule 611 of the Tennessee Rules of Evidence has been changed to permit leading questions to be asked of a…
State Volunteer Mutual Insurance Company (SVMIC) had another outstanding year in 2010. Here are some highlights from its "2010 Report to Policyholders:" Surplus (think: net worth) increased almost 20% to $444 million, up from $364 million in 2009. Earned premiums dropped to $218 million, due to a significant rate reduction…
Some plaintiff’s lawyers are "givers" and others are "takers." There are a fair number of givers, lawyers who step up to the plate time and time again to help advance the cause of civil justice in this state and nation. Some give knowledge, some give time, some give money,…
The Federation of Defense and Corporate Counsel Quarterly magazine has published an interesting article about jury questionnaires. The authors of the article are John P. Daniels and Annie L. Knafo. The article includes a sample questionnaire that can serve as a starting point for drafting your own. Read the…
Have you ever had an opponent attempt to back-out of a stipulation? This post on the Federal Evidence Review blog tells us about a new case on the subject and gathers other cases on point. The post explains that "after a stipulation is freely entered, the courts will view with…
The United States District Court for the Middle District of Tennessee has released a new administrative order concerning the use of laptops, cell phones and other electronic devices in the federal courthouses in the Middle District. The devices have to go through the screening process and cannot be used in…
From time to time, some lawyer undertakes an effort to educate other lawyers on how to conduct cross-examinations. Francis Wellman did so over 100 years ago in his excellent book, The Art of Cross-Examination. In my generation, Irving Younger’s Ten Commandments of Cross-Examination was treated by law professors as if it was handed down by…
Burchfield v. CSX Transp., Inc. , __ F.3d __ (11th Cir. March 30, 2011) (No. 09–15417), is a interesting decision that addresses the issue of the admissibility of videos made by third parties. The plaintiff objected to the defendant’s use of the video and maintained that it depicted a recreation…
When Senator Campfield slammed lawyers on March 29, 2011 in a Senate Judiciary Committee, Senator Doug Overbey let it be known that he did not appreciate the unkind words of his fellow Republican. See the debate on SB 0127 here. Debate on the bill starts at 2:04:44. Campfield’s remarks begin…