T.C.A. Sec. 28-1-115 gives a plaintiff who is bounced out of federal courts for lack of jurisdiction one year from the dismissal to re-file the action in state court. Here is the exact text of the statute: "Notwithstanding any applicable statute of limitation to the contrary, any party filing an…
The Economist reports about a new study that links physical appearance and income. The article says that " a series of surveys in the United States and Canada [show] that when all other things are taken into account, ugly people earn less than average incomes, while beautiful people earn more than…
Did you know a litigant is limited to no more than two "new trials" in any action? The relevant statute is T.C.A. Sec. 27-2-101. Here it is: "Not more than two (2) new trials shall be granted to the same party in an action at law, or upon the trial…
Dahlia Lithwick at Slate has selected the Bush Administration’s Dumbest Legal Arguments of the Year. The list stopped at ten arguments; the writer was obviously working with a severe space limitation. Here is an excerpt from the article: The United States does not torture. First there was the 2002 torture memo. That was…
Here is an interesting article from the LA Times that discusses the cost of caps.
2. A Solid Knowledge of the Law of Evidence. You have to know the facts. But mere knowledge of facts doesn’t do your client much good. You have to know how to get those facts before a factfinder. In other words, you need to understand the law of evidence. The…
Did you know that there is a statute that expressly permits physicians to base their opinions on subjective complaints? Here it is: T.C.A.Sec. 24-7-115 "In the trial of any civil suit, there shall be received in evidence if offered on behalf of any party thereto, opinions as to medical findings…
The subject of court approval of attorney’s fees in a case involving minors addressed in this post and this one have given rise to a discussion on the TAJ listserve about the wisdom of the decision. The debate has been interesting. One point made by several commentators is that some…
The Tennessee Supreme Court has appointed me to the Advisory Commission on the Rules of Practice and Procedure effective January 1, 2008. I am honored by the appointment; I have always attempted to be a student of the rules of evidence and procedure and look forward to being a part…
Day on Torts: A Handbook for Tennessee Tort Lawyers 2008 has been updated. The updates are free and may be found at http://www.dayontortsbook.com/lawyer-attorney-1251567.html. To order the book go to http://www.dayontortsbook.com/lawyer-attorney-1251565.html.