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Day on Torts

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Case Dismissed for Spoliation

Plaintiff filed a wrongful discharge and whistle-blower suit against his employer.  The employer sent him a letter advising him to preserve all data on his company-issued laptop (which Plaintiff retained in his position for a period of time after the litigation began).  Plaintiff destroyed 2200 personal files of data before…

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Rule 11 Application Denied in Pre-Judgment Interest Case

On June 21, 2006 I wrote a post about the status of prejudgment interest in Tennessee. The recent case featured in that post was Francois v. Willis, No. M2005-01263-COA-R3-CV (June 6, 2006).  The Tennessee Supreme Court has denied the plaintiff’s Rule 11 Application in the case. So, is prejudgment interest…

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Vermont Supreme Court Allows Wrongful Death Recovery for Death of a Sibling

The Supreme Court of Vermont has held that the sibling of a decedent may maintain a wrongful death suit seeking damages for loss of companionship where the sibling is the "next of kin." The Vermont statute provides that in a wrongful death case the court  jury may "give such damages…

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Nancy Dis Grace, The Screaming Skull

Nancy Grace, who brings disgrace on herself and on her profession every time she appears on television, is embroiled in another controversy.   This time, it is the death of Melinda Duckett, an interviewee on Grace’s show who committed suicide. Those of you who believe that Ms. Grace defines everything that…

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