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Day on Torts

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Another Story Out of the Justice Department

Watch this story  from the Washington Post increase the heat on the Justice Department, folks.  There will be hearings on this, without a doubt. A sample:  "The leader of the Justice Department team that prosecuted a landmark lawsuit against tobacco companies said yesterday that Bush administration political appointees repeatedly ordered…

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Arkansas Strikes Down Part of Certificate of Merit Legislation

The Arkansas Supreme Court struck down that portion of legislation requiring a plaintiff in medical negligence cases to file affidavits of merit in medical malpractice cases within 30 days of filing the complaint or face dismissal of plaintiff’s complaint. The Court ruled that the statute imposed a requirement for commencement…

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TSC Decides Independent Contractor Case

The Tennessee Supreme Court has issued an opinion in Bennett v. Trevacca Nazarene University. The summary: "We accepted this appeal of a premises liability case to determine whether the “independent contractor rule” adopted in Blair v. Campbell, 924 S.W.2d 75 (Tenn. 1996), relieves a premises owner from liability when a premises…

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