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Day on Torts

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What Happens When a Plaintiff Fails to Disclosure a Personal Injury Claim on Her Bankruptcy Petition?

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…

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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…

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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…

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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…

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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…

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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…

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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 …

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