I argued a medical malpractice case before the Tennessee Court of Appeals today. Regular readers know that we prevailed in a med mal case in Maury County last year after a thirteen-day jury trial. The case has been resolved as to all defendants but one, the ER doctor, and it…
Plaintiff talked to lawyer (later the defendant) about a potential car wreck case. The lawyer allegedly gave the plaintiff wrong information about the statute of limitations applicable to the claim. Plaintiff’s car wreck case was dismissed as time-barred. Plaintiff sued the lawyer for negligent misrepresentation. Lawyer said that he never…
Keeping contemporaneous time records in cases where fee-shifting is allowed just makes sense. Not keeping such records does not make sense. And, if the allegations against one attorney are correct, a lack of candor about whether such records were kept can cause a big, expensive mess. Result? A forfeiture of a fee…
Paul Luvera has written an interesting post on neuro linguistic programming. Those of you who have studied concepts such as mirroring and anchoring have explored some of the concepts that make up this field as applied to our craft. The Oxford English Dictionary defines NLP as "a model of interpersonal communication…
It was four years ago today that I wrote about the ability of Senator Bill Frist to make a medical diagnosis via videotape. Here is my follow-up post from June 16, 2005, written after the release of Ms. Schiavo’s autopsy. Did Dr. Frist’s videotape diagnosis cost him a shot at the…
The rules of civil procedure in Tennessee ordinarily require that a plaintiff make a "short, plain statement.." There is an exception – Rule 9 of the TRCP requires pleading with particularity when fraud or mistake are alleged. Nothwithstanding the general rule, some people believe that more is better. Here is an…
Are you familiar with JD Supra? It is a website that contains thousands of legal documents prepared by lawyers around the country. You can search by key word, locate a document relevant to your issue, and use to short-cut your research time. For example, here is a brief written on…
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,…
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. …
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.