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Day on Torts

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“Error of Judgment” Rule in Legal Malpractice Cases

The Kentucky Supreme Court has recently modified the law concerning the application of the “error of judgment” rule in legal malpractice cases. In Equitania Insurance Conmpany v. Slone & Garrett, P.S.C., 2003-SC-1003-DG (2/23/06). The Court described the case as follows: “This case is a complex legal malpractice claim brought by…

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Smoke Detectors

What happens when your smoke detector fails to work? Plaintiffs bought two smoke detectors for their home. According to The Business Review, “The detectors at issue were ionization type smoke detectors that sense high temperature, fast moving fires, as opposed to detectors employing photoelectric cells which are better at detecting…

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Discretionary Costs

The Tennessee Court of Appeals has ruled that deposition videotaping expenses (and the cost of synchronizing the deposition with the written transcript) are not recoverable as discretionary costs under Rule 54.04 of the Tennessee Rules of Civil Procedure. The case is Parker v. Brennan, No. M2005-01376-COA-R3-CV (April 19, 2006). The…

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