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Day on Torts

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Ambulance Driver Crashes Into TDOT Help Truck – Is There an Incapacitated Driver Defense?

David Cline, the paramedic who was killed when the private ambulance he was driving slammed into the back of a TDOT roadside help truck on Interstate 65 on October 22, 2009,  had a history of medical problems, including narcolepsy and epilepsy.  Investigators are unsure why Cline left the highway  but believe that the he…

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Tennessee AOC Releases 2008-09 Annual Report of the Tennessee Judiciary

The Tennessee Administrative Office of the Courts has released the 2008-09  Annual Report of the Tennessee Judiciary.   The report includes information about court filings and dispositions for the fiscal year ending June 30, 2009. Here is some of the important data included in the Report: 1.  There were only 10,659…

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Economic Loss Rule Applied in South Carolina Truck Fire Case

The South Carolina Supreme Court has ruled that the economic loss rule precludes a truck owner’s tort claims against the truck manufacturer.  The case is Sapp & Smith v. Ford Motor Company,  Opinion 26754 (S.C. December 21, 2009). Sapp filed suit against Ford alleging property damage to his vehicle (there…

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Social Networking and its Impact on Trials

Philip Brown, author of MS Litigation Review and Commentary, has an interesting post on the impact of social networking on the work of trial lawyers. An excerpt:   I have talked with lawyers who are worried about a juror going home and researching parties on social network sites. What if a juror…

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Problem Nurses Move From State to State

Today’s Tennessean has an article originally published in the  Los Angeles Times that reveals  a problem with nurses moving from state to state and leaving behind a bad disciplinary record. The article reports that "using public databases and state disciplinary reports, reporters found hundreds of cases in which registered nurses…

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Writing Appellate Briefs

Jay O’Keeffe has written a nice article about appellate brief writing on DeNovo:  A Virginia Appellate Law Blog.  The article is titled " 10 Ways to Ruin a Perfectly Good Brief."   Here is an excerpt: 1. Take shortcuts. Here’s how you write a brief: brainstorm, research, brainstorm, outline, draft, revise,…

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Physicians in the United States Less Likely to Use Health Information Technology

According to the 2009 Commonwealth Fund International Health Policy Survey, only 46 percent of U.S. doctors use electronic medical records, compared to 99 percent of doctors in the Netherlands and 97 percent of doctors in New Zealand and Norway. "We spend far more than any of the other countries in…

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Memphis Lawyer Bites Nose of Hair Stylist in Restroom of Memphis Bar

Lawyer Mark Lambert , an attorney with the Cochran Firm in Memphis, has been sued by Greg Herbers, a Memphis hair stylist, over injuries Herbers says he received in an alteration with Lambert in the bathroom of a Memphis bar. According to the story in the Commercial Appeal, Herbers   entered…

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New Federal Rules of Civil Procedure

Here is the best summary I have seen that describes  the recent changes to the FRCP.  The new rules  went into effect on December 1, 2009.  The summary was written by the folks at Mayer Brown. Thanks to Dan Hull at What About Clients? for alerting me to it. 

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