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…
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,…