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…
Day on Torts
Form Protective Order For Use in Products Liability Case
Tim Edwards of Memphis has kindly shared a protective order in a products liability case.
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…
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…
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. …
CA Court Says Witness Interviews Not Privileged Work Product
The March 8, 2010 edition of the Daily Recorder reports that a divided California appellate court has ruled that witness statements recorded or taken in writing by attorneys or their representatives aren’t privileged work product and, therefore, are open to discovery. The dissenter ruled that the statements were qualified work…
Death of Howard Twiggs, Trial Lawyer
Former ATLA President Howard Twiggs has died. Funeral services are today. Howard has been a friend for over 25 years and was a leader in the plaintiff’s trial bar and his community. I first met Howard at a NCATL seminar in Chapel Hill, NC when I was still a…
The Tort Reform Movement – Naked
I read Andrew Cohen’s article in the Atlantic (Tort Reform is Anti-Democratic (And Ingeniously Marketed)) and thought I would summarize it for your convenience. Then I discovered that Philip Thomas had already done so, and quickly determined that he did a better job than I would have done. Here is…
Online Accident Reports
Getting motor vehicle accident reports is a hassle, but is appears that it will be getting easier. BuyCrash.com makes accident reports from Georgia, Indiana, and Kentucky available for purchase over the Internet. Accident reports from Tennessee will be available in the future. Thanks to Chris Simon and the Atlanta Injury…
Younger’s 10 Commandments of Cross Examination
Some of you are a little young to remember Irving Younger, the great trial advocacy teacher. Professor Younger developed the "10 Commandments of Cross Examination" that were taught in trial advocacy programs across the country for many, many years. Experienced trial lawyers would take issue with some of Younger’s commandments, arguing…