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Day on Torts

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“Tennessee Jury Verdict Reporter” Statistics – Part 3

As I mentioned in two previous posts,  Shannon Ragland of the Tennessee Jury Verdict Reporter has graciously agreed to permit me to share some of the information he has gathered concerning jury trials in Tennessee. This multi-part series will discuss some of the data contained in Shannon’s 359-page report.  You can buy…

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Rule Change in State Court – Service of Pleadings and Papers By Electronic Mail

Effective July 1, 2010 a party to a litigation may serve papers in Adobe PDF format via electronic mail to the attorney’s email address.  The process is a little more cumbersome than it need be, but it is a step-forward toward increasing the efficiency of law practice and reducing cost.…

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Georgia Supreme Court Strikes Down Damages Cap in Medical Malpractice Cases

  The Georgia Supreme Court has struck down a cap on noneconomic damages in medical malpractice cases, declaring the cap to be a violation of the right to trial by jury.   The case is Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt,  NO. SO9A1432  (Ga. March 22, 2010).  Read the opinion here.…

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“Tennessee Jury Verdict Reporter” Statistics – Part 2

As I mentioned in last Tuesday’s post, Shannon Ragland of the Tennessee Jury Verdict Reporter has graciously agreed to permit me to share some of the information he has gathered concerning jury trials in Tennessee. This multi-part series will discuss some of the data contained in Shannon’s 359-page report.  You can buy…

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Motions To Strike Insufficient Affirmative Defenses

I have had several lawyers ask me to post our most recent work in the area of filing motions to strike insufficient affirmative defenses in comparative fault cases. I have been filing these motions since 1992.   A defendant has an obligation to follow Rule 8.03 of the Tennessee Rules of…

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“Tennessee Jury Verdict Reporter” Statistics – Part 1

 Shannon Ragland of the Tennessee Jury Verdict Reporter has graciously agreed to permit me to share some of the information he has gathered concerning jury trials in Tennessee. It is fair to say that Shannon has the most comprehensive collection of jury verdict information in the state.  Indeed, in my mind it…

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More Proof that the Big Lie is a Big Lie: Medical Malpractice Payments Continue to Fall

The following comes to us from an article written by Chelsey Ledue, Associate Editor of Healthcare Finance News: Fewer medical malpractice payments were made on behalf of doctors in 2009 than any year on record, according to the National Practitioner Data Bank. This finding contradicts claims that medical malpractice litigation…

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SCOTUS Will Hear Vaccine Case

The United States Supreme Court has decided to hear Bruesewitz v. Wyeth,  a case where the Bruesewitz family says there should be legal recourse beyond the administrative process set up by the National Childhood Vaccine Injury Act.  The minor plaintiff suffered seizures two hours after receiving her six-month DPT vaccine in…

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Helpful Checklist for Determining Whether A Person is an Independent Contractor or an Employee

I received an unsolicited (but not unwanted) email from the Baker Donelson law firm titled "20 Ways Your Independent Contractor Might Be an Employee."  The purpose of the email was to warn recipients about ongoing IRS employment tax audits in general and the worker classification issue (are workers employees or independent contractors) in particular. …

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