The April 2009 edition of the Tennessee Trial Law Report is in the mail. This edition includes a summary of 11 different cases addressing various aspects of the law of torts, civil procedure, evidence and trial as decided by Tennessee appellate courts between February 15 and March 15, 2009. The newsletter totals…
I just saw these previously unreleased photos from Life magazine that were taken on the day that Martin Luther King was shot. Most of the photos were taken at the Lorraine Motel, the site of the murder. They were so powerful I felt that I should share them with you. The Lorraine Motel…
Raymond P. Ward writes "the (new) legal writer," where he shares his knowledge of the art of legal writing. In this post he shares an excellent article that helps us understand techniques for emphasis and de-emphasis in our our writing. An excerpt: "look for your favorite passage in that favorite book, the one…
The lawyer in this case was not permitted to collect expert witness expenses from his client after an unsuccessful med mal case because the fee agreement with the client said only that the client "may" be responsible for such expenses. What does your fee agreement provide?
These are not the words of some crazy plaintiff’s lawyer. These are the words of a doctor. Dr. Amy Tuteur at Harvard. An excerpt: "If I had been angry about what happened to the patient, I was even angrier after learning of the deception. The hospital had deliberately lied to…
From the March 30, 2009 edition of Courtoons.
What is the standard to be applied when a judge faces a recusal motion? The Tennessee Supreme Court answered that question yesterday in Bean v. Bailey, No. E2007-02540-SC-S10-CV (Tenn. Mar. 26, 2009). Here is the standard: a recusal motion should be granted when “the judge has any doubt as to…
The Judicial Selection Commission and the Judicial Evaluation Commission are in a wind-up period after the General Assembly let them die last year. (I serve on the later commission as an appointee of former Lt. Governor John S. Wilder.) Both commissions will die on June 30, 2009 unless the General Assembly takes…
Here is an interesting article from the ABA Section of Litigation on the issue of handling the difficult adversary lawyer. We have all been there. Here is a description of a type of lawyer each of us has seen: The Bully. Nearly all difficult adversaries exhibit bullying behavior. This lawyer…
Structured settlements were up 25% in the 4th quarter of 2008 (compared with the previous quarter), and totaled nearly $1.8 billion, according to this article in the National Law Journal. The article relates the increase to the economic turmoil we have been experiencing. Perhaps. But what were they in the…