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…
Day on Torts: A Handbook for Tennessee Tort Lawyers 2008 is at the printer. The printing date is October 18 and the books should be delivered to Brentwood on October 23, 2007. You may recall that the book will be updated during the year via a website called "dayontortsbook.com." I have seen…
Yesterday afternoon I attended the funeral of Judge Bill Cain of Columbia. Judge Cain served on the Court of Appeals and had served as a trial judge. He was a lawyer who loved the law and loved to discuss the subject. He prided himself on his ability to dive into the…
The United States Supreme Court has agreed to decide "whether federal law pre-empts the product liability claims that diabetes patients filed in Michigan state court against pharmaceutical company Warner-Lambert & Co." Read more here.
Those of us in small firms struggle with many of the same issues. One of those issues is the decision to hire our first (or hire another) associate? I enjoy the Legal Ease Blog and read this article that provides some guidance on the issue. Enjoy.
The Tennessee Supreme Court has asked for public comment on proposed changes to Tennessee Rules of Civil Procedure, Appellate Procedure, Evidence, Criminal Procedure and Juvenile Procedure. The most significant proposed rule change is the change to Rule 8.01. The proposed rule change says as follows: 8.01 Claims for Relief.–A pleading…
The Tennessee Supreme Court has granted permission to appeal in two cases that address the issue of apparent agency. In both cases plainitffs seek to impose liability on a hospital for the acts of a doctor. The cases have been consolidated for appeal. One case is DeWald v. HCA Heatlh…
My new book, referenced in this post, will be available November 1, 2007, not 2008. Sorry for the error. I guess I can pass it off on age – I turn 51 (or is it 52?) tomorrow. The book goes to the printer today. The first section has 66 chapters and…
On November 1, 2008 my new book will be available for sale. My goal for this book is to provide a one-volume resource for Tennessee tort lawyers who are looking for a quick reference to the leading case on a given point. Need a quick summary of the law of…