Day on Torts

Check out this commercial.     I don’t think this type of advertising would impact the lawyer’s credibility before the average Texas jury.  Do you?

I am an optimist.   Nevertheless, I attempt to have a "Plan B" in the event things go wrong. For example, consider a case that Rebecca Blair and I tried a few years ago.  We needed a computer in the courtroom.  But because both of us have been around long…

Work is underway on the third edition of  Day on Torts: A Handbook for Tennessee Tort Lawyers. Laura Bishop and I have already identified over 30 new sections that need to be added to the book, as well as citations to well over 200 new cases.  If you have come…

Some of you heard me rant about West Publishing Company during the recent Justice Programs seminar.  Well, here are a couple great posts about West’s pollution of the blawgosphere.  The controversy arose when Findlaw launched "The New York Personal Injury Law Blog" years after a wonderful blog by the same…

Tennesseans are clearing the grocery stores of bread, milk and other essentials as the National Weather Service informs us that snow will cover the state. The threat of bad weather gives us the opportunity to review the law of Tennessee concerning the liability of possessors of land concerning ice and…

Once again, Winning Trial Advocacy Tips has an excellent article for those of us who try cases. Here is an excerpt: There’s something strange about how our brains work.  For some reason, our brains don’t seem to comprehend the word “Don’t” very well.  In fact, our brains have the power…

The National Practioners Data Bank collects data about malpractice claims paid by health care professionals.   The NPDB has a report that lists all of medical malpractice paid claims against all Tennessee health care providers between September 1, 1990 through November 29, 2009, a period one month short of 20 years.…

The judges in Shelby County have adopted new local rules of court.  Here is a copy.

The Nevada Supreme Court has ruled that a pharmacy does not owe a duty of care to unidentified third parties who were injured by a pharmacy customer who was driving while under the influence of controlled prescription drugs.  In reaching the decision, the court rejected the arguments that  pharmacies have a…

 Legal Malpractice Law Review brought to my attention an interesting legal malpractice case from 1979 in Pennsylvania, Schenkel v. Monheit, 226 Pa. Super. 396 (Pa. Super. Ct. 1979).  The plaintiff’s lawyer in the underlying case (and now the defendant) failed to sue the original defendant’s employer in an auto accident case.  Plaintiff…