Each year the Chamber of Commerce surveys corporate general counsel and "senior litigators" to "to explore how reasonable and balanced the tort liability system is perceived to be by U.S. business. " The bottom line from the executive summary: "There has been an improvement in how the senior attorneys surveyed…
The Tennessee Supreme Court has ruled that the fact that an injured plaintiff had given his son a durable power of attorney did not prevent the plaintiff from relying on the "mental disability" tolling statute and bringing suit more than one year after an incident. The nursing home where plaintiff…
The Indiana Supreme Court has ruled that the fiancee of a man who came upon a crash site involving a collision between her fiancee and defendant could not sue for emotional distress. Indiana law says that "[w]hen . . . a plaintiff sustains a direct impact by the negligence of another…
Does use of the Internet increase our risk of liability? This booklet from Chubb Insurance Company discusses our some of the risks presented – and how to address them: Risk of Unintended Client Engagements Risk of Disclosing Confidential Communications Risk of Early Destruction of Electronic Documents Risk of Instant Messaging…
Florida’s Supreme Court has put its foot down on judges and clerks that seal records. It has adopted interim amendments to Florida Rules of Judicial Administration 2.240 to articulate the circumstances under which court fiings can be kept secret from the public. The Court describes the amendments as requiring the following:…
Have you listened to a podcast yet? Well, if not, here is a good place to start. The ABA Section of Litigation has a dozen or so podcasts for your listening pleasure. For example, you can listen to Ten Rules for Managing Electronically Stored Information, How to Tell a Judge…
The Kentucky Supreme Court has ruled that a "plaintiff need only prove with reasonable probability that the injury is permanent in order to obtain an instruction on permanent impairment of earning power." In Reece v. Nationwide Mutual Insurance Company, 2005-SC-000079-DG (Ken. S. C. March 22, 2007) Reece was hurt in an…
This article by Betsey Herd and Janabeth Evans (Taylor) provides some helpful information on research that can be done to prepare for the deposition of an opponent’s expert.
I have been in Destin the last few days. KATA and TTLA had a joint seminar at the Hilton. I spoke Tuesday morning, had dinner with friends last night, and came back today. Back to work!
Plaintiff settled his sexual harassment and retaliation lawsuit against defendants and this provision was included in the settlement agreement: "The parties agree that the terms of this settlement shall be held confidential and that no disclosure of the terms of the settlement, other than the fact of the settlement itself, shall…