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Day on Torts

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Another Blue Chip Tort Case

Intentional Interference With Contractual Relations The Case: Trau-Med of America, Inc. v. Allstate Ins. Co., 71 S.W.3d 691 (Tenn. 2002). Author: Justice William M. Barker Why it is a Blue Chipper: Trua-Med is the first Tennessee case to recognize a common law cause of action for intentional interference with contractual…

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Litigation Privilege Bars Claim Against Lawyers

The Hawaii Supreme Court has ruled that two law firms who represented a party in a business dispute cannot be sued by the adversary party for intentional interference with contractual relations. Plaintiff had a dispute with a business partner – the two were general partners of a partnership that ran…

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More Evidence of the Big Lie

Professional and hospital liability insurers have convinced their customers that malpractice premiums will go down if meritorious malpractice claims are capped by the state legislature. But look what happened in Florida.  According to Tallahassee.com, "the Legislature three years ago capped pain and suffering awards to $500,000 per physician and $1…

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Are Expert Witness Fees Recoverable in the Sixth Circuit?

The Sixth Circuit Court of Appeals has ruled on whether expert witness fees may be taxed as costs in federal court. FRCP 54(d) permits a successful party to recover costs in federal court  and 28 U.S.C. 1920 permits the recovery of "fees and disbursements for printing and witnesses."  The amount recoverable…

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New Hampshire Court Denies Claim for Boyfriend

The New Hampshire Supreme Court has held that a boyfriend riding a motorcycle could not bring an emotional distress claim against another driver for injuries caused as a result witnessing the death of his passenger (who was also his girlfriend). The issue was "did the trial court err in determining…

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