Rule 104 of the Tennessee Rules of Evidence permits the trial judge significant leeway in what may be considered in determining what evidence can be admitted at trial. It provides as follows: Rule 104. Preliminary questions. —(a) Questions of Admissibility Generally. —Preliminary questions concerning the qualification of a person to…
My new book – Day on Torts: A Handbook for Tennessee Tort Lawyers – was delivered yesterday (November 5). It was promised for last week, but there were apparently some difficulties in the shipping process. The project started about eight months ago and the book was delivered within ten days of…
I got this comment from Steven concerning my post about the settlement of the medical malpractice lawsuit concerning John Ritter’s death: “{T]his illustrates the insanity of the system. If a patient arrives in the ER with a ruptured AAA (abdominal aortic aneurysm), his chance of survival is ~50%. 25% die…
The parties have agreed to limit the time each side will have to present evidence in the next Vioxx trial. The time-keeping method? Chess clocks. Read more here. Jury selection started yesterday morning.
There is a fascinating but disturbing story in today’s New York Times about a federal court case involving claims arising from alleged injuries because of exposure to silica. Judge Jack has raised serious questions about whether the claims are legitimate and the role of the doctors and claimant’s lawyers in…