I have two depositions today and need a little more time to prepare No post today. I would point out, however, that the Tennessee Trial Lawyers Mid-Winter Convention has a good line-up of speakers and topics this year. The seminar is February 1 in Nashville. See a brochure here.
You should. Or should do something like it. When you produce documents to an opponent it is nice to be able to demonstrate which documents you turned over. “In response to RFP #4 Plaintiff produces documents 0023 – 0045.” By marking each document (or photograph) with a unique number you…
I wrote last week that the Tennessee Supreme Court approved certain changes to the Tennessee Rules of Civil Procedure (and other rules of procedure). What I did not address is the proposed rule change that was not adopted by the Court. That is the proposed change to Rule 8.01, which…
Here is a tip that will improve the quality of your law practice and your life – look at the law first. Oh, it is different in the run of the mill auto case or other cases that you routinely handle. And it is different if you have recently handled…
The medical liability insurers, hospitals and doctors are coming at Tennessee consumers this year in the Legislature – a full frontal assault in a effort to limit responsibility for negligence. I have argued for years that the “reformers” use faulty numbers – and they do. The reformers have figured out…
Here is the website of the American Society of Anesthesiologists that lists their “Standards, Guidelines and Statements.” There is a gold mine of information here for use in medical negligence cases.
The Tennessee Supreme Court has approved amendments to the rules of appellate procedure, civil procedure, juvenile procedure, and evidence. The rules will not take effect until they are approved by the General Assembly. The proposed effective date is July 1, 2006. The most significant change concerning the duty to supplement…
When should a court rule that a state statute “reforming” tort law (i.e. a law restricting the rights of tort victims) violates our constitution? Here are three interesting articles that discuss the issue, including one from my buddy John Vail in D.C.
This is not a new opinion, but I came across it recently and thought it was worthy of mentioning here. It sets forth the elements that must be proved in a medical monitoring case under West Virginia law. The plaintiff must prove that: “(1) he or she has been significantly…
Defendant Carter pumped gas into his vehicle and left the station without paying. The station owner gave chase, and during the pursuit the station owner’s vehicle rear-ended Carter’s vehicle, injuring the plaintiff’s daughter. The daughter later died from the pain medication she was administered for treatment of her injuries Carter…