You have the smoking gun email. Now, what do you do with it? The law of discovery, good old fashioned hard work and a little luck can lead to fantastic evidence. But great evidence in your briefcase doesn’t win cases at trial – you have to know how to get that evidence…
A judge responds in verse to a claim from a prisoner that he was not provided with a proper diet. The prisoner included a hard-boiled egg as an exhibit. Thanks to Trial Ad Notes for informing me of the Order.
Pacman Jones, a true embarrassment to Nashville, the Titans, the NFL, and his family, has been sued for his alleged misconduct in Las Vegas which is said to have resulted in the paralysis of a man. I do not pretend to know the facts, do not want to take one second of my life to learn…
The Tennessee Supreme Court has released its opinion in Health Cost Controls, Inc. v. Gifford, No. W2005-01381-SC-R11-CV (Tenn. S. Ct. Oct. 17, 2007). If the style of this case sounds you familiar you are not losing your mind – this case was before the Supreme Court on the made-whole four…
I know you remember the Feres doctrine. The Feres doctrine comes from the decision in Feres v. United States, 71 S.Ct. 153 (1950) and provides that soldiers cannot sue the government for injuries that they incur as part of their military service. Not surprisingly, the doctrine has been asserted by government…
Negligence without causation is like a biscuit without country ham (or blackberry jam). Now, I’m not so sure that juries pay as much attention to the concept as lawyers and judges, but causation is an element of every cause of action in the tort world. This decision out of Michigan…
Did you know that there is a cause of action for malicious harrassment in Tennessee? The malicious harassment statute, Tennessee Code Annotated, section 4-21-701, provides: "(a) There is hereby created a civil cause of action for malicious harassment. (b) A person may be liable to the victim of malicious harassment…
Penny White, Joe Riley and I are on the road again with our 4th annual 15-hour seminar program. Here is our schedule for each seminar: First Day 8:00 – 8:30 Registration 8:30 – 10:15 Tort Law / Comparative Fault 10:15 – 10:30 Break 10:30 – 11:30 Dealing with Difficult Judges…
To what extent are we our brother’s keeper? That is a constant question posed in cutting edge tort cases, and this case in Illinois is no exception. Iseberg sued his two partners because they failed to warn him that a fourth partner, Slavin, had made threats against Iseberg’s life. Iseberg…
I am at a meeting of the Members Consultative Group of the Restatement of the Law Third Torts: Liability for Physical and Emotional Harm sponsored by the American Law Institute. The meeting is being held in Austin, Texas at the University of Texas Law School. We are discussing "Duty of…