FDCC Quarterly, a publication of the Federation of Defense and Corporate Counsel, has published an article on the impact of the relatively recent decisions of United States Supreme Court in Iqual and Twombly. This is how the authors summarize the holdings of the two decisions: Together, Iqbal and…
Our Justice Programs seminar series will be held on Nov. 11 and 12 in Johnson City. Former Tennessee Supreme Court Justice Penny White, Court of Criminal Appeals Judge Joe Riley, and I also will present the two-day programs in Memphis (Dec. 9 and 10), Nashville (Nov. 18 ans 19), and Knoxville…
The preliminary numbers are in for 2010 and demonstrate that the statute providing for the giving of notice and filing a certificate of good faith has dramatically decreased the number of medical malpractice filings in Tennessee. The new law came in to effect on October 1, 2008 and was modified…
Does a rental car company have the duty to check the driving record of potential customers before renting them a car? Does the fact that the records are available electronically have any impact on whether a duty exists? The California Court of Appeals recently considered these issues and re-affirmed an…
What does tort law tell us about liability for injuries arising during sporting events and, in particular, contact sports? The recent case of Feld v. Borkowski gives us the answer, at least from the standpoint of the Iowa Supreme Court. Plaintiff and defendant were playing intramural softball . Defendant hit…
The preliminary numbers are in for 2010 and demonstrate that the statute providing for the giving of notice and filing a certificate of good faith has dramatically decreased the number of medical malpractice filings in Tennessee. The new law came in to effect on October 1, 2008 and was modified…
This is Part 3 of my report on medical malpractice case filings in Tennessee. (Click to read Part 1 and Part 2.) Here are the case filings for some of the larger counties in the state for the year ended September 30, 2010: County …
This is Part 4 of my report on medical malpractice filings in Tennessee for 2010. (Here is Part 1, Part 2, and Part 3.) Today, I examine the county where I live, Williamson County. Williamson County, Tennessee is on the southern border of Davidson County, which is the home of…
On Tuesday the 26th I posted about a NHTSA report on traffic safety. I saved for today a reference to what the organization believes is a major cause of the decrease in deaths and injuries in motor vehicle cases: safety regulations and programs imposed by state and federal…
The National Highway Traffic and Safety Administration has issued a report analyzing motor vehicle crash data for 2008. The good news: the number of vehicle crashes, deaths and injuries continue to decline. From the report: The number of vehicle miles traveled (VMT) is the primary exposure measure used when analyzing…