There are relatively few products liability cases filed in Tennessee, very few actually tried, and even fewer appealed. So, when a products case hits the appellate courts, we all learn. And when evidence issues are discussed in a product liability opinion there is cause for absolute jubilation. Sparks v. Mena held…
Great Trial Lawyers Learn the Facts. I was in a deposition several months ago in a case that involves an intersection wreck. There are several different plaintiffs represented by several different lawyers, several defendants, and counsel for a UM carrier. My conversation with one of the lawyers caused me to wonder to ask…
Here are the opening paragraphs of my December 15, 2007 post that gave rise to a series of posts that has garnered a good deal of attention: I participated in a panel discussion at for the Young Lawyers Division of the Tennessee Bar Association on Friday and was asked this…
The Tennessee Court of Appeals (Middle Section) has ruled that "trial court has the discretion to sanction a party by dismissal of its case where the party’s destruction of evidence severely prejudices an adverse party’s defense irrespective of whether the destruction was inadvertent or intentional." The Court quoted with approval…
Governor Bredesen gave his State of the State address last night . He did not say that he had any desire to limit the right to trial by jury for any citizen against any defendant in any industry. This comment scares the nursing homes: "My job is to open more…
A federal judge has written a "Top Ten" list taking issue with the United States Supreme Court opinions on the sentencing of criminal defendants. Read it here.
6. Great Trial Lawyers Don’t Cheat There are lots of opportunities to cheat in the practice of law. You can withhold information during the discovery process. You can improperly coach a witness or client. You can knowingly violate orders on motions in limine. You can knowingly violate the rules of…
Did you that our appellate courts had forms to help guide you through the appellate court process? This page at the Administrative Office of the Courts website has various forms relevant at different stages of the appellate process, inlcuding a sample brief cover page, a motion for extension of time,…
The Oklahoma Supreme Court has ruled that a plaintiff has a right to videotape a Rule 35 examination (often mistakenly referred to as an "independent medical exam"). The Court’s conclusion: "Our decision to allow an examinee to videotape a court-ordered independent examination was foreshadowed by our decision in McCullough v.…
This study in PLoS Medicine reports that, based on estimates from publicly available data, drug manufacturers probably spend more money on advertising than they do for research and development. In the words of the study: "From this new estimate, it appears that pharmaceutical companies spend almost twice as much on…