Day on Torts

Well, I was wrong about the identity of the person who sent me the t-shirt.  It turns out it was a lawyer from Tennessee, a regular reader who is an ND fan (but not an ND grad). Thanks again.

The Tennessee Supreme Court has rejected the notion of a locality rule for lawyers in legal malpractice cases. In Chapman v. Bearfield, No. E2004-02596-SC-R11-CV  (Tenn. S. C., November 6, 2006), the Court said that "a single, statewide professional standard of care exists for attorneys practicing in Tennessee and that expert…

The Florida Supreme Court has released an important decision on testimony by expert witnesses. Plaintiff’s counsel sought an order prohibiting a defendant’s expert from testifying that he relied on consultations with colleagues or other experts in forming his opinions.   The Florida high court said  "that such testimony is inadmissible because…

No, I’m not dead, just a little tired.  I have been in Cincinnati the last two days, preparing a witness one day and attending his deposition on the second day.  I did not get home until 8:15 last night and am feeling the effects of spending two long days on the…

Here is another blog on tort reform. The introduction:  "Tort reform” has become a staple of Republican politics. Limits on lawsuits are offered as a solution to everything from the health care crisis and economic stagnation to America’s moral decline. Americans overwhelmingly believe that the nation is awash in frivolous…

The SCOTUS hears another punitive damage case today.  Here is my earlier post on the Williams v. Phillip Morris case out of Oregon. Law.Com summarizes it this way:  "The case asks the high court to review the punitive damages award for excessiveness. It also asks the justices to set forth…

The Davidson County jury list includes an unusual entry this week. Each prospective juror is supposed to complete a questionnaire and then a jury list is completed with includes  the stated employment of the juror and the juror’s spouse.  One juror listed his employment as "Professor."  He listed his wife’s employment…

The passing game coordinator for the Dallas Cowboys has sued McDonalds after his family found a 6-inch rat in a salad. Appparently "rat salad" was not on the menu. The rat was not discovered until the salad was taken home.  Some of the salad was consumed  by the coach’s wife and a live-in…

Notre Dame beat Navy, just like they have done every year since 1963.  I guess if you beat a team 43 years in a row you have a reason to be proud . . . of the person who negotiates your football schedule.

Side airbags work.  That is the conclusion of the Insurance Institute for Highway Safety. A recent study reports that "Side airbags that protect people’s heads are reducing driver deaths in cars struck on the near (driver) side by an estimated 37 percent. Airbags that protect only the chest and abdomen…