On December 14 I wrote about an opinion that addressed the issue of charging fees to minors. The opinion was written by Judge Walter Kurtz, a Nashville Circuit Court judge sitting by designation on the Tennessee Court of Appeals. I have been hearing some negative comments about this opinion. I…
I participated in a panel discussion at for the Young Lawyers Division of the Tennessee Bar Association on Friday and was asked this question: what does it take to be a great litigator? I knew in advance that I would be asked that question and gave the matter a good…
There is no better way to spend a rainy day than update a book (or so says the dullest man in America). Day on Torts : A Handbook for Tennessee Tort Lawyers has been updated. Seven new cases have been added to "electronic pocket part" of the book. To update the …
Do you want to know the law of collecting attorney’s fees when you represent a minor in personal injury case? Do you want to see how you can end up in the Court of Appeals when you seek an attorney’s fee in such a case? Read the opinion in Wright v. Wright, …
The Supreme Court of Florida recently issued an interesting opinion. In Williams v. Davis, No. SC05-1817 ( Fl. S.Ct. Nov. 21, 2007) the Court initially notes that "all property owners owe a duty … not to permit the growth of foliage on their property to extend outside the bounds of…
The nice folks at Justia (which did our firm website and my book website) also have a free service for searching for federal court filings. The site allows you to search or browse for recent orders or opinions issued by just about any federal court in the country. You can…
Today I am in Memphis for the last of our fourth annual Justice Programs seminars. Former Justice Penny White, former Judge Joe Riley and I created a company to offer "annual review" type CLE and ethics for civil trial practioners and it has done great. We have a great crowd…
This article in yesterday’s The Washington Post reported that 96% of physicians thought that they should report an impaired or incompetent colleague – but 45% said that they did not always do so. In addition, "46 percent said they had failed to report at least one serious medical error that…
The Georgia Supreme Court has refused to strike down that state’s statute of repose in medical malpractice cases when challenged on equal protection grounds. Georgia has a five-year statue of repose in medical malpractice cases (Tennessee has a three-year statute of repose). The case is Nichols v. Gross, S07A1027 (…
The Court of Appeals for the Western Section has said that a plaintiff in a wrongful death case has made out a claim of negligent entrustment of a vehicle against the parents of a drunk driver. Here are some essential facts viewed in the light most favorable to the plaintiff: "Like the…