Tenn. Code Ann. § 28-3-104(a)(1) (2000) provides a one year statute of limitations in personal injury cases (the shortest such statute in the nation). However, Tenn. Code Ann. § 28-1-106 (2000) creates two exceptions to the rule; it provides as follows: "[i]f the person entitled to commence an action is, at the…
Do you remember Kelley v. Middle Tennessee Emergency Physicians, P.C., 133 S.W.3d 587 (Tenn. 2004), when the defendant tried to claim that he owed no duty to the plaintiff because he was not the plaintiff’s regular doctor? The defendant was called by the emergency room doctor and gave the doctor advice that allegedly…
Here is an unusual case out of California – a unique application of the "reasonable person test" when applying the causation standard in an informed consent case. Wilson was paralyzed from spinal surgery for scoliosis, rendering him a paraplegic. He was wheelchair bound and needed to use his arms and…
Bruce Braley is running for Congress in Iowa. His Republican opponent is a lawyer. Bruce is the subject of this attack ad – a real cheap shot considering it comes from a Republican who had enough intellect to attend Harvard Law School. I know Bruce – he is a good guy who…
Ok. You have heard of damage caps, certificates of merit, and restrictions on fees that one side of a dispute can pay its lawyers (but no cap on the other side). And you have heard of experts having to know the local standard of care in reading x-rays or determining…
Did you see that Glaxo has agreed to pay the IRS $3.4 billion dollars in past due taxes? Read more here. Glaxo had estimated that it might be on the hook for $15 billion. The good news for Glaxo is that paying the money will not have any significant impact…
Timothy Brown sued the United States alleging that his daughter Melody developed spinal bifida as a result of a military doctor recommending to Deborah Brown (Melody’s mother and a member of the military) than she (Deborah) stop taking prenatal vitamins during a critical period in his development in utero. The vitamins contained folic…
The United States Court of Appeals for the Sixth Circuit has ruled that all material given to testifying expert witnesses must be disclosed, including attorney opinion work product materials. The circuits have been split on this issue. In Regional Airport Authority of Louisville and Jefferson County v. LFG, LLC, Case…
Remember Newt Gingrich? Of course you do. Former Speaker of the House. Author of the Contract on America. And now, the author of a new list of issues for Republicans to focus on during the coming months, which he titles "11 Ways to Say: "We’re Not Nancy Pelosi." His introduction: …
The Judicial Selection Commission has selected three people for the open position on the Tennessee Supreme Court: Hon. Bill Koch (Judge on the Court of Appeals, Nashville), Hon. D’Army Bailey (Circuit Judge, Memphis) and Houston Gordon (lawyer, Covington). None of the appointees was from East Tennessee because there are already…