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…
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…
Here is a great article about Mark Lanier and his recent victory in the Vioxx trial in Texas.
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…
The 11th Circuit has reversed a jury verdict in favor of Toyota in a seat belt case, holding that the judge should have instructed the jury on the consumer expectation test. The judge only instructed on the risk-utility test. The judge was applying Florida law and the 11th Circuit ruled…
State Court New Jersey September 12 State Court Houston October (exact date unknown) Federal Court New Orleans Nov. 28, Federal Court New Orleans, Feb. 13, 2006 Federal Court New Orleans, March 13, 2006 Federal Court New Orleans, April 10, 2006 By the way, according to this article in the New…
The Maryland Court of Appeals has ruled that a defendant may use photos showing relatively little property damage to a vehicle to argue that the plaintiff did not have a significant personal injury. The decision is Mason v. Lynch. There is also a great dissent on the issue; it makes…
OK – so it is a recycled joke. Most of them are. How many Bush administration officials does it take to change a light bulb? Ten 1. One to deny that a light bulb needs to be changed; 2. One to attack the patriotism of anyone who says the light…
I wrote the other day about Rev. Robertson’s suggestion that the United States kill a foreign leader. Here is the post. August 22, 2005: Believe it or not there are people who get there news from Pat Robertson. This man, who runs a tax-exempt empire that he holds out as…
I mentioned the other day that we would be hosting a couple of seminars in December, the first designed to help newer lawyers and the second designed for those with a little more experience. You can read more about both programs, and register on-line, by clicking here.