In Pruitt v. Hancock Medical Center, NO. 2005-CA-00132-SCT (Miss. S. Ct. 11/16/06), Plaintiff had a personal injury claim that was not disclosed in a bankruptcy filing. The injury occurred before the bankruptcy petition was filed. She received a discharge of her debts in her Chapter 7 proceeding, and then took…
Day on Torts
Professionalism
This fascinating article is written by J.D. Hull, a lawyer from San Diego. It is called "Professionalism Revisited: What About the Client? It makes some wonderful points about the client view of what we call in the South the "good ol’ boy system" of law practice. We are seeing increasing…
Adobe 8 To Be Released Soon
Here is an interesting article on the new Adobe 8
Rules Changes Are Designed to Make Them Easier to Read
The Federal Rules of Civil Procedure are being changed to make them more readable. This post from Trial Ad Notes discusses the change and gives an example on how Rule 6 would be re-written. All 250 pages of the proposed revisions may be found here. The rules are still in…
Plaintiff’s Expert Excluded in Med Mal Case
Plaintiff filed an affidavit from an expert witness in opposition to a motion for summary judgment in a medical negligence case. The expert – from UAB in Birmingham – explained that he understood the standard of care in Memphis because of the following: 2. I am familiar with the standard…
Colorado Opinion on Protective Orders
Defendant Farmers Insurance Exchange convinced the trial court that it should enter a protective order limiting Plaintiff’s counsel ability to distribute documents produced in the litigation by the defendant and limiting Plaintiff’s counsel’s use of Defendant’s documents that Plaintiff’s counsel obtained from other sources. The later documents had been produced…
Trucking Industry Regulation
The New York Times did a great piece on the regulation of the trucking industry yesterday. One blurb: "In loosening the standards [applicable to the trucking industry], the Federal Motor Carrier Safety Administration was fulfilling President Bush’s broader pledge to free industry of what it considered cumbersome rules. In the…
Legal Malpractice Lawyer Interviewed
Here is an interesting article on a lawyer who sues lawyers.
Death of Drunken Driver Not “Accidental”
The United States Court of Appeals for the Fourth Circuit has ruled that a drunk driver’s death was not "accidental" and therefore his surviving spouse could not collect accidental death benefits under an insurance policy. The decedent’s blood alcohol level was fifty percent higher than the legal limit when he…
Sunday Spoof – Notre Dame Releases 2007 Football Schedule
The University of Notre Dame has released its football schedule for 2007: September 1 Air Force (home) September 8 Navy (home) September 15 Army (home) September 22 Duke (home) September 29 Rice (home) October 6 Temple (home) October 13 New Mexico State (home) October 20 MTSU (home) October 27 Vanderbilt (homecoming) November 3 Iowa State (home) November 10 Baylor …