In recent days I have shared several posts (here, here, here, and here) concerning the substantial reduction in the number of medical malpractice cases filed in Tennessee since the enactment of the law that mandates pre-suit notice and filing of a certificate of good faith. Thus, it is not surprising…
Day on Torts
Tennessee Medical Malpractice Case Filings – Part 4
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…
Tennessee Medical Malpractice Case Filings – Part 3
This is Part 3 of my report on medical malpractice case filings in Tennessee. (Click to read Part 1and Part 2.) Here are the case filings for some of the larger counties in the state for the year ended September 30, 2010: County …
Justice Programs Seminar – Johnson City – This Week
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 and 19), and Knoxville…
Tennessee Medical Malpractice Case Filings 2010 – Part 2
Yesterday I wrote about the decrease in the number of medical malpractice case filings since the new law requiring pre-suit notice and a certificate of good faith went into effect October 1,2008. As I mentioned, the total number of medical malpractice lawsuits filed for the one-year period ending September…
Iqual and Twombly Impact Pleading Standards Under FRCP Rule 8
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…
Justice Programs Seminar 2011
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…
Tennessee Medical Malpractice Case Filings 2010 – Part 1
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…
Duty of Rental Car Companies to Check Driving Record of Renters
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…
Lawsuits Arising From Participation in Athletic Activities
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…