I must confess I have never spent a lot of time thinking about men’s underwear. Thus, it never crossed my mind that a products liability case could arise from men’s underwear of any type. Women’s underwear are different. I am not saying I spend much time thinking about that subject…
A recent post described proposed changes to the Local Rules of Court for the United States District Court for the Middle District of Tennessee. For the most part, the rule changes addressed changes in the time periods for action required under the rules. This post from Drug and Device Law…
The Wisconsin Supreme Court has fined a lawyer $100 for providing an improper citation to a court case. The fine was imposed in a footnote in 2008 unpublished opinion, Espitia v. Fouche. Here is the footnote: Counsel for Espitia cites to an unpublished case assertedly upholding a stipulated damages clause due to…
Every day, more than 5 Tennesseans die as a result of medical malpractice. How do I know such a thing? Simple math. The Institute of Medicine has reported that 98,000 people a year die from medical malpractice. Think about it: the death rate from medical malpractice is the equivalent of…
By now most of us have heard of the Sweat Lodge incident. The Huffington Post article says that "[m]ore than 50 followers of spiritual guru James Arthur Ray had just endured five strenuous days of fasting, sleep-deprivation and mind-altering breathing exercises [were] into a sweat lodge ceremony" that is said to have…
Rule 5 of the Tennessee Rules of Civil Procedure addresses the requirements for the filing and service of papers in civil litigation. Generally speaking, "every order required by its terms to be served; every pleading subsequent to the original complaint; every paper relating to discovery required to be served on…
Rush Limbaugh is a gifted entertainer who has a propensity to say some pretty ridiculous things. That being said, it is pretty hard to be on the radio for three hours per day and not say some ridiculous things, especially when you have to appease an audience that feeds off…
Jim McElhaney is one of the best-known trial advocacy professors in the country and his "McElhaney on Litigation" columns in the ABA Journal are read by hundreds of thousands of lawyers each month. "Give Chronology a Timeout" is in the October, 2009 edition of the ABA Journal and is a…
A couple of months ago I filed an application with the American Board of Professional Liability Attorneys seeking board certification in medical malpractice cases. I have been board certified as a civil trial specialist for over 15 years. In fact, several years ago I served as President of the National Board…
Paul Luvera’s blog, Plaintiff Trial Lawyer Tips, includes a recent post from Paul titled "My General Views About Plaintiff Trial Work." I recommend the entire post to you, but here is a excerpt to wet your appetite for the rest: Most important, our trials must be focused and limited to…