The horrible flooding in Nashville has delayed our printer’s ability to finish the 3rd edition of Day on Torts. It now looks like we will not be able to ship the book until May 28, 2010. Day on Torts: Leading Cases in Tennessee Tort Law consists of a summary…
Plaintiff had the obligation to seek attorneys fees in a case by a date certain. Plaintiff”s counsel and defense counsel agreed on multiple occasions to extend the deadline so that they can negotiate the fee issue, but Plaintiff failed to file a written stipulation concerning the extension with the Court…
The Ohio Supreme Court has ruled that a defendant in a personal injury action may introduce evidence that plaintiff’s health care provider "wrote off" certain medical charges for care given to the plaintiff. The plaintiff was billed $21,874.80 for care received in the accident. His health insurer paid $7.483.91 of…
You haven’t seen much about it in the press yet, but BP has the benefit of a cap that will probably limit its liability for the oil spill in the Gulf. Section 1004 of the Oil Pollution Act (OPA), passed into law in August 1990 after the Exxon Valdez incident, limits…
PC Magazine Oprah Winfrey has been urging her viewers to promise not to text or make telephone calls while driving. Last Friday she dedicated her show to the subject. Some 23 states, including Tennessee, have laws banning texting while driving. Eight other states have partial bans on texting while driving. …
The good news is that a division of Johnson and Johnson appears to be acting promptly to solve a problem. The bad news is that the consumers who use the 43 recalled products for children and infants are going to be wondering if their children have suffered any harm from…
When a person dies as a result of someone else’s negligence, Tennessee law permits only certain people to assert a claim to recover damages for the death. This article does not discuss who receives the damages awarded by settlement or judgment of the case, but only who has the right…
Elliott Wilcox shares another great post from his Winning Trial Advocacy Tips blog. I know I rant and rave about how wonderful this blog is and I fear I may be accused of a man-crush on Elliott, a gentleman I have never spoken with, much less met. But there is…
The Federal Highway Administration has ruled that the 2009 Edition of the Manual on Uniform Traffic Control Devices must be adopted by the states as their legal standard for traffic control devices within two years. Here is an excerpt of the Federal Register discussing the rule change. The MUTCD contains…
The Governors Highway Safety Administration has released a preliminary report indicating the motorcycle deaths have decreased on our nation’s highways. If the final numbers are substantially similar, deaths will have dropped for the first time in over a decade. Based on preliminary data gathered for the first nine months of…