The Tennessee General Assembly has passed resolutions approving the rule changes proposed by the Tennessee Supreme Court. The rule changes will be effective July 1, 2009. Here is a brief summary: Civil Procedure: There are changes to 11 different rules or comments on rules – Rule 1, 8, 12, 23, 34,…
Day on Torts
Manual on Uniform Traffic Control Devices
The Manual on Uniform Traffic Control Devices defines the standards used by road managers and contractors nationwide to install and maintain traffic control devices on all streets and highways. The MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F. …
Birthday of William L. Prosser
Yesterday (March 15) was the 111th birthday of William L. Prosser, author of the torts text used by most of us in law school and Reporter for the Restatement (Second) of Torts.
A Look Back: Sunday Spoof of the Past
President Obama hasn’t been a resident at the White House so long that we forget how President Bush gave us ammo for our occasional Sunday Spoof. Here is one from February 5, 2006 titled "President Bush: Lawyers to Blame for Lack of Krispy Kreme Stores."
Medical Malpractice Filings Down – New Statutes Reducing Number of Lawsuits
We have some preliminary data on the number of medical malpractice case filings in certain counties since the October 1, 2009 effective date of the medical malpractice notice and certificate of good faith statutes. One new statute requires that actual notice be given to defendants in med mal cases before a lawsuit is filed. …
For Consumers: What To Do If You Are Solicited By A Lawyer
Ken Shigley at the Atlanta Injury Law Blog wrote this interesting post where he advises consumers who have suffered a tragic accident what they should do if they are solicited by lawyer. Ken offers this advice: If you are solicited about your injury or death case, you may consider doing…
Off Topic – Should Obama Get Credit for Yesterday’s Market Increase?
All weekend I heard the drone of certain business reporters and various members of the Republican Party that President Obama was responsible for the declines in the stock market over the last six weeks. Well, the market went up 5.8% yesterday. Should the President get the credit for that increase? Of…
Looking Behind the Curtain
Both the federal courts and Tennessee state courts have strict rules about the types of inquiry that can be made into a jury’s verdict. The general rules for impeaching a jury verdict are set forth in Rule 606(b) of the rules of both systems and in a relatively few number…
Nashville Scene Speaks Out Against Efforts by Nursing Homes to Limit Liability for Malpractice
An article by Jeff Woods at Nashville Scene: The nursing home industry is back at the legislature this session demanding a law to cap its liability in Tennessee courts for neglecting and abusing residents. That’s even though a legislative study committee, which met once after last year’s bill failed,…
Defense Firm To Be Penalized for Fraudulent Removals?
A defense firm has been threatened with severe sanctions for allegedly engaging in a pattern of fraudulently removing cases from state court to federal court in Louisiana. Sanctions on the table? Not only a financial penalty but also also barring members of the firm from practicing in federal court. Here…