A post from the Mass Tort Defense blog highlights a real problem: jurors conducting independent research during trials. Indeed, in the case featured in the post, the juror conducted the research before the trial (after he received his summons to serve as a juror) but shared what he knew during…
The Toyota Motor Corp. has announced that it will recall 3.8 million vehicles in the United States. The recall affects Toyota models from 2004 – 2010. Specific models affected include 2007-2010 Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350. The…
This column from the Business Section of today’s Los Angeles Times attacks the myth that restriction of the rights of patients to hold health care providers responsible for harming patients must be a part of national healthcare reform. An excerpt: Every circus needs a sideshow, which must be why every time…
There are numerous differences in the state rules of civil procedure and the federal rules of civil procedure. For example, Tennessee Rule 8.03 is different than F.R.C.P. Rule 8(c) because it requires a defendant who pleads an affirmative defense to set forth facts that form the basis of the defense.…
The Tennessee Supreme Court has ruled that a plaintiff who lost a medical malpractice case in federal court was not estopped from pursing a case against a State-employed doctor even though the federal court jury assigned no fault to the doctor, a non-party in the federal court action. An excerpt:…
The Tennessee Supreme Court has asked for public comment on proposed changes to the rules of procedure and evidence. The Order asking for public comment can be viewed here. I serve on the Court’s Advisory Commission on the Rules of Practice and Procedure and I am happy to report…
Fred Fresard, author of the Litigation Cost Control blog, has written three great posts on the steps to effective phone and video-conference depositions. As Fred explains, "the suitability of a deponent for remote examination depends on the importance of the witness to the ultimate outcome of the case, and the…
I recently wrote this post about the certificate of merit law struck down by the Washington Supreme Court. Here is an editorial from The Olympian which supports the Court’s decision. Here is an excerpt: The justices were right to keep the barrier between the legislative and judicial branches of government.…
The Tennessee Supreme Court has published a proposed re-draft of Rule 27, the rule which addresses the process of judical evaluation. Set forth below is my letter to the Court that addresses one phrase in the proposed rule. NOTE: this letter was written in my individual capacity and not as…
As this article in Wednesday’s Washington Post explains, electric cars present a new type of hazard to pedestrians and those with impaired sight: you can’t hear them coming. At low speeds (under 6.2 MPH) the cars can literally sneak up on you and put you at risk of serious injury. One…