I enjoyed Cyrus Dugger’s op-ed piece from The West Virginia Record and thought you would, too. An excerpt from "Sue as I say, not as I sue:" "It is striking, however, how quickly those who advocate for tort "reform" are willing to change their tune. While they publicly "speak out"…
Day on Torts
Justice Programs
Ok, this is your last Justice Programs seminar post of the year. This week (Thursday and Friday) we are in Nashville and are almost sold out. We have a few spots left at chairs with tables and then we will have to put attendees in chairs without tables. We booked…
Non-Disclosure of Witness Results in Reversal of Jury Verdict
Plaintiffs in Indiana had a $39 Million verdict reversed because of the failure to disclose the name of a witness. Plaintiffs were injured in a car wreck with a driver who was operating his vehicle under the influence of alcohol. They sued the restaurant where the driver had been drinking alleging…
Tort Law – A Break for Turkey Day
I will not be blogging for a few days. I am taking today off for Thanksgiving and tomorrow morning I am off to Mexico where I will be speaking at a seminar on tort law to some Tennessee lawyers who also have an interest in diving. I will be speaking …
Attorney Sues Adjuster for Defamation
A Nationwide insurance adjuster met with a personal injury claimant in an effort to settle a claim. The claimant indicated he intended to select a certain attorney as his counsel. The adjuster said that the attorney just took peoples’ money and that the attorney’s clients would receive more money if…
Blue Chipper – Policemen and Firemen’s Rule
The Case: Carson v. Headrick, 900 S.W..2d 685 (Tenn. 1995). Author: Justice Riley Anderson. Why it is a Blue Chipper: Carson is the leading, current case on policemen and firemen’s rule. The bottom line: A. “The policemen and firemen’s rule precludes firefighters and police officers from recovering damages for injuries…
2006 Tennessee Med Mal Claims Report Released
The Tennessee Department of Commerce and Insurance has released the "2006 Tennessee Medical Malpractice Claims Report"" which, in fact, is based on 2005 data. Read the entire report here. Some highlights: * There were 5 – that’s right – 5 – claims were resolved by judgment for the plaintiff in…
Election to the ALI
I am pleased to announce that I have been elected to membership in the American Law Institute. The ALI is the organization that creates the Restatements of the various areas of the law and participated in the creation of the Uniform Commerical Code, the Model Penal Code, and numerous other…
Trial Judge Slaps Plaintiff – With Sanctions
Judge Young from Blount County, who enjoys a good reputation and whom I have always found to be quite pleasant, has popped a plaintiff with over $1,000,000 in sactions for "scorched earth" litigation tactics. According to Knoxnews.com, Judge Young wrote that "[t]he summary judgment record shows that [plaintiff]O’Boyle did not…
Illinois Supreme Court Justice Wins Libel Verdict
Read the story here in the Chicago Tribune.