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Day on Torts

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“Stop Me Before I Masturbate to Death”

I file lawsuits for a living.  Thus, I understand that reasonable minds often differ about whether there is liability in a given situation, often because there is a dispute about the facts.  I also understand the idea of pushing the legal envelope – of attempting to expand the law to create…

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SCOTUS To Consider Seatbelt Preemption Case

The United States Supreme Court has agreed to consider whether the family of a woman killed in a car accident should be permitted to bring suit against Mazda Motor Corp. alleging that the death was caused by the failure of Mazda to install three-point seatbelts in its 1993 MPV minivan. Here…

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Fourth Circuit Remands Case That Slashed Contingent Fee

The Court of Appeals for the 4th Circuit ordered a district judge to re-consider the fee to be awarded to plaintiff’s counsel in a personal injury case that resulted in a $18M dollar settlement.  The district court had cut the fee from $6M to $600,000. The appellate court concluded that…

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Tennessee Trial Judge Statistics

The Tennessee Administrative Office of the Courts has released a database that allows the public to see what number of cases were closed in each judicial district and by each of the trial judges in the state.  The database allows searches by judicial district or by judge. When a judge’s…

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