David Swanner, a lawyer in South Carolina, has a blog focused on the use of legal technology by trial lawyers. David’s blog has a lot of good information on Powerpoint, yet another great weapon that we can use when we go into battle. David also has a guest post entitled…
We have all seen it too many times. Your client has legitimate medical expenses well in excess of policy limits. Liability is not clear but will go to the jury. The defendant’s insurer refuses to settle the case for policy limits. That happened to defendant Johnson. His insurance company refused…
Have you ever been presented with a legal question, thought you knew the answer, but could not put your finger on the case or statute that confirmed your recollection? I have, and it drives me crazy. I think I am right. I know the answer is out there. But I…
Everybody knows that if you release the employee you release the employer, right? Try to find a case that says so. Well, here it is: Craven v. Lawson, 534 S.W.2d 653, 654, 657 (Tenn.1976). This case holds that release of an employee discharges employer’s liability predicated on master-servant or principal-agent…
A study from Texas has determined that the medical malpractice “crisis” behind the push for restrictions on the rights of patients is phony, which is no news to anyone who understands the issue. “We find no evidence of the medical malpractice crisis that produced headlines over the last several years…
Preparing for trial is, by nature, hectic. If you are not wired enough to power the Titans’ Coliseum on a night game, you are not paying enough attention. It’s helpful to have a checklist to see if all of the applicable basics are covered. This trial preparation is set out…
Getting through litigation as efficiently as possible is (generally) in a plaintiff’s best interest. To avoid the “hurry up and wait” effect that can encumber a case, I send my clients a discovery questionnaire at the outset. I ask the clients to answer the questions that I anticipate needing to…
The leading case on the law of damages in personal injury cases comes not from the Tennessee Supreme Court but rather from an opinion authored by Judge Koch on the Court of Appeals, Middle Section. Judge Koch is an excellent writer. His opinions are exremely through and provide a great…
With several important limitations, T.C.A. ㋔ 20-1-119 permits a plaintiff to add parties defendant to a case even if the statute of limitations has expired. The triggering event for adding nonparties as parties is typically language in the defendant’s answer or amended answer. Rather than waiting for the defendants to…
It is a bit of a stretch to describe anything as a “form” for disclosing the opinions of an expert witness in a medical negligence case. Forms are designed to avoid re-inventing the wheel, shortcutting repetitive processes in lawsuits. There is rarely anything repetitive about the medico-legal issues that arise…