How do you get computer-generated business records admitted into evidence? The same way you get other business records admitted into evidence, according to the Ninth Circuit Court of Appeals. In U-Haul Intern., Inc. v. Lumbermens Mut. Cas. Co., _ F.3d _ (9th Cir. Aug. 12, 2009) (No. 07-16187) affirmed a district…
On October 22, 2008 the Court of Appeals of California, Fourth Appellate District, Division Three, held that FMVSS 208 preempted the plaintiffs claim that a vehicle with a lap-only seat belt in the rear inboard passenger seat was sold in a defective and unreasonably dangerous condition. Specifically, the court held that to the extent…
Rule 7.02 of the Tennessee Rules of Civil Procedure governs motions. It is important for what it does not say. Here is the text of the rule: (1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be…
Yes, handoffs occur in football. But they also occur in healthcare, when one professional transfers the responsibility for caring for a patient to another provider. Here is how The Doctor’s Company explains handoffs when talking about hospitalists: The primary objective of a handoff is to provide accurate information about a…
From the American Association for Justice’s new report, The Insurance Hoax: How Doctors and Patients Pay for the Huge Earnings of Medical Malpractice Insurers : As Congress debates nationwide health care reform, a new analysis reveals malpractice insurers have long-played a cruel hoax on legislators and the public. By systematically…
The United States District Court for the Middle District of Tennessee has released for public comment proposed changes in the local rules. Here is a red-lined version of the proposed rules. The comment period ends October 31, 2009. Most of the rule changes address of change of the time periods…
It was reported several months ago that nude videos of ESPN reporter Erin Andrews were circulating on the Internet. The pictures were taken in several hotels. The man accused of taking the videos, Michael David Barrett, has been arrested. It turns out that a majority of the videos were taken…
The October 2009 edition of the Tennessee Trial Law Report is in the mail. This edition includes a summary of 17 different cases addressing various aspects of the law of torts, civil procedure, evidence and trial as decided by Tennessee appellate courts between August 15 and September 15, 2009. The newsletter totals…
The Tennessee Attorney General’s Office has issued an Opinion that provides that "Tenn. Code Ann. § 65-12-108 does not require a train engine operator to blow a train’s whistle or horn before crossing a private drive. Tenn. Code Ann. § 65-12-108 only requires that a train engine operator blow a whistle or…
There was a big conference in Washington, D.C. this week that addressed cell phone use and texting and how these practice impaired a driver’s ability to focus on the safe operation of his or her vehicle. The two-day summit brought together safety experts, researchers, industry representatives, elected officials and members…