Need to know the weather at a given date, time and place? Go to Weather Underground, type in the zip code or name of the location you want, and then scroll down to “History and Almanac.” Enter the date and find more data than you can imagine.
Day on Torts
Death of the Chief Justice
Read here for an analysis of the impact of the death of Chief Justice Rehnquist.
Sort of Off Topic
But not really. Forseeability in tort law is a complicated concept, but one thing is undeniably true: for a duty to arise or legal cause to exist one need not be able to (or actually) foresee the precise type of harm that resulted. Instead, one only need be able to…
The Definition of Product
Can a product that is not completely installed be a product? The 3-judge panel of the Pennsylvania Superior Court said “yes.” Sprinkler systems were being contructed in a three huge warehouses for documents storage. Although the sprinkler system was “admittedly incomplete,” the sprinkler system was issuing “material and test certificates”…
Katrina Relief Contributions
I know that you are going to contribute to a Katrina relief fund – that is the type of person who reads this blog – but I urge those of you who are lawyers to do so through Trial Lawyers Care, an ATLA affilliated organization. Go here to help. Trial…
Tragedy to the South
Our hearts go out to those we know and those we don’t in our sister states to the south. I cannot imagine what those folks – and their families across the nation – are going through right now. No substantive post today.
Getting a Jump Start
A friend of mine who is a defense lawyer told me that in 50 % of the cases he defends he is not served written discovery. I can imagine that there might be a tactical reason not to serve written discovery in a particular case. I can also say that…
Selling Gas to a Drunk
There has been a lot of talk about the decision of the Tennessee Supreme Court in the case of West v. East Tennessee Pioneer Oil Co.; even the Tennessesan has weighed in with an editorial. The Court held that convenience store employees owe a duty of reasonable care to persons…
Mark Lanier
Here is a great article about Mark Lanier and his recent victory in the Vioxx trial in Texas.
New Slip and Fall Opinion
This opinion by Judge Koch does a great job summarizing the “slip and fall” law as it exists in Tennessee. This decision does not include a discussion of the so-called “method of operation” theory; that particular topic is addressed in a recent decision of the Tennessee Supreme Court. If you…