Any list of the most important tort cases in the history of Tennessee tort law must include McIntyre v. Ballentine, 833 S.W.2d 52 (Tenn. 1992). This opinion radically changed Tennessee law by adopting modified comparative fault and abolishing joint and several liability in the vast majority of cases. The opinion…
Most of us have been there. You are at trial. The jury is in the box. Things have gone poorly. Your client, the plaintiff, was late, and showed up dressed in a pink oxford shirt and saddle shoes. (Your mistake, by the way. You told him to dress like he…
This is a basic complaint for personal injuries arising out of a motor vehicle accident with an individual defendant. Download file. It contains allegations of common law negligence and negligence per se, but does not provide for vicarious liability of any parent or employer. Note that the prayer for relief…
More than two decades ago I enrolled in an Antitrust Law course at the University of North Carolina School of Law, under the mistaken impression that it was the sequel to the Domestic Relations Law course I had taken a semester earlier. I quickly realized my error, but elected to…
The Tennessee Supreme Court has held that the three-year statute of repose for medical negligence cases does not violate due process when applied to those who are mentally incompetent. The plaintiff argued that due process required that the statute of repose should be tolled during the period of incompetency. Read…
The House of Representatives has just passed the “Class Action Fairness Act of 2005.” The Senate passed an identical bill last week. President Bush is expected to sign the bill into law tomorrow morning at 11:00 EST. The new law gives federal courts jursidiction over most class actions when the…
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