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Day on Torts

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Taxability of Damages

Damage paid for personal injury claims are not taxable, right?  Wrong.  Damages paid for personal injury claims "“on account of personal physical  injuries or physical sickness” are not taxable.  26 U.S.C. § 104(a)(2).   Damages paid for purely emotional injuries are taxable, at least in the opinion of the IRS.  Now,…

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Tissue Recalled – Donor Referral Services

Another day, another article about problems in the human tissue industry.  This time it is Donor Referral Services of Raleigh, N.C., a company run by a man named Philip Guyett. This North Carolina firm in the business of body part brokering allegedly used an unsterile embalming room to get usable tissue.  The…

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Tennessee Supreme Court Accepts Statute of Limitations Case

The statute of limitations is tolled when the plaintiff is of unsound mind.  Tenn. Code Ann. §  28-1-106.  Does the fact that a Durable Power of Attorney (executed before the incompetency) is in existence trump the tolling statute and require the attorney-in-fact to take action within the original statute? The Tennessee…

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2006 Changes in Medical Malpractice Reporting Law

From a recent press release issued by the Tennessee Dept. of Commerce and Insurance: "Public Chapter 744, effective May 23, 2006, contains several important changes to the Medical Malpractice Reporting Law of Tennessee, (Public Chapter 902, adopted in 2004, and codified at Tenn. Code Ann. § 56-54-101). For the first time, it…

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Expert Witnesses – Discovery of Reports

The ABAs House of Delegates voted 207-137 to recommend adding to Federal Rules of Civil Procedure Rule 26(a)(2) a privilege for draft reports and communications between attorneys and their experts. A Law.com article on the votes reports that "[t]he proposed change was prompted by varying judicial interpretations of 1993 amendments…

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