The State of Tennessee suffered a blow yesterday when Justice E. Riley Anderson announced that he was stepping down effective August 31, 2006. Justice Anderson, from Oak Ridge, has served on the Supreme Court for over 15 years and, earlier, served on the Court of Appeals for 3 years. [Bio]…
Day on Torts
“Gratuitous Undertaking” Lawsuit
Here is an interesting decision by the First Circuit Court of Appeals that discusses the liability of a property appraiser who told the plaintiff that “‘he could not himself perform the appraisal’ but [said] that ‘he would find another appraiser and would supervise and review that appraiser’s work.'” Well, the…
Tennessee State Senator Files Proposed Resolution
Here is a proposed resolution that has been introduced in the General Assembly by Senator Finney, Republican from Maryville: SENATE JOINT RESOLUTION 523 By Finney A RESOLUTION relative to medical malpractice reform. WHEREAS, a fair and efficient legal system free of frivolous and abusive litigation is necessary for a vibrant…
Donald Trump Defamed?
The Donald (as in Trump, not Duck) has sued Timothy O’Brien and Warner Books, alleging that he has been defamed a book written and published by the defendants. Apparently, Donald believes that the defendants have falsely claimed that he exaggerated his wealth. The book is called “TrumpNation.” Read more about…
Hyundai Hit With Default Judgment
A Washington state court judge has entered a default judgment against Hyundai for failure to give accurate information concerning past claims. Read more here.
Defense Expert May Be Sued for Medical Negligence by Plaintiff
The plaintiff alleged that she had a head injury arising out of a vehicle wreck and filed suit. The defense had her examined by a neuropsychologist under Virginia rules of court and she later sued him. This is how the Court described Plaintiff Harris’ allegations: “Dr. Kreutzer “verbally abused [Harris],…
Why Do I Get Upset Over Things Like This?
You would think that I would react differently. After all, I am 49 years old. I have practiced law for over 24 years. I paid my way to college and law school mowing lawns, delivering newspapers, and sacking groceries. I supplemented those earnings with work as a meat cutter, a…
Wendy’s Finger Case – Pair Sentenced
I have written about the finger-in-the-chili case several times, including this post , and this one, and this one. Now, Anna and her husband have been sentenced to nine years in prison. Read more here. I said early on that if this woman (or anyone else) falsifies a claim in…
The Law of Argument
Here is a decision that reminds us about the law of arguing damages. The decision – from Florida but true in Tennessee – holds that it is reversible error to refer to assets of the defendant in trying to communicate to the jury how to determine damages for pain and…
FDA and Pre-emption
I wrote a post the other day about the efforts by the FDA to limit lawsuits by consumers injured by drugs. Here is an update.