The Tennessee Supreme Court has ruled that an arbitration provision in a nursing home contract signed by a person who had a power of attorney to act on behalf of the resident is not void as against public policy. However, the court remanded the case to the trial court for…
Do you document substantive conversations with other lawyers? Once upon a time, it was unheard of to do so and some felt it was downright offensive. A lawyer can and should be trusted to stick by an understanding that is reached with another lawyer, the theory went, and to confirm…
My new book – Day on Torts: A Handbook for Tennessee Tort Lawyers – was delivered yesterday (November 5). It was promised for last week, but there were apparently some difficulties in the shipping process. The project started about eight months ago and the book was delivered within ten days of…
A new report issued by the Tennessee Department of Commerce and Insurance re-affirms what everyone in the state knows: further restrictions on patient rights are not necessary in Tennessee. The doctors (and occasionally the hospitals) have beat the tort reform drum for over thirty years, seeking further restrictions on the rights…
I think you will enjoy this article from the on-line version of the Fayetteville, North Carolina newspaper. A few excerpts: "Annual statements of Medical Mutual Insurance Co. of North Carolina filed with the N.C. Department of Insurance from 2001 through 2006 were studied and evaluated by former Missouri Insurance Commissioner…
Here is an interesting article written by Mark Berman that I found on Law.com. The first few paragraphs: "Electronic discovery, even more so than traditional paper discovery, offers the opportunity to burden unduly an opposing party with overbroad discovery requests, and three recent New York State court decisions have addressed…
The book website is up and running — www.dayontortsbook.com. Several people received advance copies of the "selected cases" portion of the book and were kind enough to write down their impressions for me to use in a brochure that you will receive any day now. Those comments are as follows:…
General Mills Operations, a Wellston, Ohio, establishment, is voluntarily recalling approximately 3.3 million pounds of frozen meat pizza products because they may be contaminated with E. coli and may be linked to an outbreak of E. coli O157:H7 illnesses, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced…
This is an update on my new book, Day on Torts: A Handbook for Tennessee Tort Lawyers. The book has been printed and is being shipped today from Florida. I will have it Friday afternoon. I already have orders for the book and will start shipping on Monday. The new…
The risks of pushing through the envelope at trial are discussed in this opinion from the Ohio Supreme Court: "In addition to the excessive damages given under the influence of passion or prejudice, the trial court detailed the misconduct of McLeod’s counsel. Civ.R. 59(A)(2). The court described counsel’s conduct as “discourteous”…