:
Updated:
Plaintiff could not use reckless misconduct special duty exception in GTLA case.
:
Updated:
Dog Bite Statute does not always abrogate common law negligence claim
:
Updated:
Intrusion upon seclusion claim survives death of plaintiff.
:
Updated:
No negligence by coach when cheerleader was injured in stunt.
:
Updated:
No intentional infliction of emotional distress when the plaintiff was left at bus stop by bus driver.
:
Updated:
Unchecked blanks made HIPPA authorization noncompliant.
:
Updated:
Quality Improvement Privilege (QIC) waivable in Tennessee.
:
Updated:
Dismissal of defamation claim reversed.
:
Updated:
Incomplete HIPAA authorizations lead to dismissal of HCLA claim.
:
Updated:
Bench with no back not a dangerous condition.
:
Updated:
Defamation based on Facebook post affirmed.
:
Updated:
Complaint based on wrongful arrest ruled a malicious prosecution claim.
:
Updated:
Amended HCLA complaint required new certificate of good faith.
:
Updated:
Exclusion of HCLA expert as discovery sanction vacated.
:
Updated:
Legal malpractice claimed dismissed as time-barred.
:
Updated:
ER doctor (former surgeon) not competent to testify about post-surgical care.
:
Updated:
Defense jury verdict affirmed in case involving patron falling from stage
:
Updated:
Limiting language made HIPAA authorizations noncompliant.
:
Updated:
Previous party brought back into suit under comparative fault statute.
:
Updated:
HCLA 120-day Extension Does Not Apply to Savings Statute
:
Updated:
Ecclesiastical abstention doctrine not applied to defamation claim against Southern Baptist Convention.
:
Updated:
No tort liability in family business conflict.
:
Updated:
Supreme Court affirms plaintiffs’ premises liability verdict arising from slippery pedestrian bridge.
:
Updated:
Court of Appeals reverses its overturning of bench verdict in pedestrian knock down case.
:
Updated:
No negligence in home sale where seller did not know about sinkhole.
:
Updated:
Pickett County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Healthcare liability case barred by statute of repose.
:
Updated:
Municipal traffic ticket did not extend statute of limitations for car accident case.
:
Updated:
Van Buren County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Fraudulent misrepresentation by homebuilder affirmed.
:
Updated:
Moore County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Hancock County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Lake County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Sudden physical incapacitation doctrine applied to heart attack in car accident case.
:
Updated:
TPPA petition to dismiss made moot by Rule 12 dismissal.
:
Updated:
Clay County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Perry County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
HCLA (Medical Malpractice) summary judgment based on cancellation rule affirmed.
:
Updated:
Late-filed evidence not allowed in TPPA petition hearing.
:
Updated:
Houston County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Trousdale County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Decatur County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Jackson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
TPPA petition to dismiss not affected by nonsuit where defendant also filed motion for summary judgment.
:
Updated:
Lewis County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Premises liability summary judgment based on contractor exception overturned.
:
Updated:
Meigs County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Grundy County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Directed verdict affirmed – no causation, no expert
:
Updated:
Stewart County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Nursing home arbitration agreement ruled a healthcare decision.
:
Updated:
Crockett County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
No wrongful foreclosure cause of action in Tennessee.
:
Updated:
Discoverability of Surveillance Films
:
Updated:
Cannon County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Sequatchie County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Bledsoe County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Trial court dismissal of uninsured motorist carrier overturned.
:
Updated:
Benton County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Tort claim barred by economic loss doctrine.
:
Updated:
Wayne County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Malicious prosecution claim dismissed under TPPA.
:
Updated:
Polk County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Common knowledge exception did not apply to HCLA transport case.
:
Updated:
Chester County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Haywood County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Truck stop had no duty to driver turning from city road.
:
Updated:
Johnson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Summary judgment affirmed in car wreck caused by road washout and sinkhole
:
Updated:
Claims commission does not have jurisdiction over gross negligence claim.
:
Updated:
Tennessee Supreme Court rules that TPPA petition does not affect right to nonsuit.
:
Updated:
Unicoi County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Summary judgment based on HCLA statute of limitations reversed.
:
Updated:
Fentress County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
GTLA Plaintiff Verdict Affirmed in Garbage Truck / Pedestrian Case
:
Updated:
Humphreys County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Union County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Landlord had duty even when missing hand rail was open and obvious.
:
Updated:
Savings statute measured from dismissal of first tort complaint.
:
Updated:
Tennessee savings statute measured from dismissal of first tort complaint.
:
Updated:
Smith County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Fall Down Case Falls Down
:
Updated:
DeKalb County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
TPPA dismissal of defamation claim affirmed.
:
Updated:
Morgan County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Scott County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Insurance carrier may bring legal malpractice claim as subrogee.
:
Updated:
Overton County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Grainger County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Macon County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Admissions of plaintiff doom fall-down case.
:
Updated:
Hickman County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Private security officer not a public figure under TPPA.
:
Updated:
Hardeman County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Government Road Not Responsible for Wreck
:
Updated:
Hardin County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Lauderdale County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Interesting Notice Issue in Tennessee Slip and Fall Case In Dollar General Store
:
Updated:
McNairy County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Is discovery rule triggered by information received by plaintiff’s attorney?
:
Updated:
White County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Carroll County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Jury’s apparent credibility finding dooms appeal.
:
Updated:
Henderson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Marion County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Defamation claim allowed to proceed under TPPA.
:
Updated:
Apartment complex dog park fell within residential exception of Tennessee dog bite statute.
:
Updated:
Giles County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Law Firm Seeks to Enforce Arbitration Agreement in Legal Malpractice Case
:
Updated:
Obion County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Jury verdict for defendant in legal malpractice case affirmed.
:
Updated:
Claiborne County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Henry County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Rhea County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Malicious prosecution liability affirmed; Defendant supplied false or misleading information
:
Updated:
Weakley County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Legal malpractice claim time-barred.
:
Updated:
TPPA dismissal appropriate in defamation case involving Google reviews
:
Updated:
Lincoln County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Cocke County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Discussion of the “common knowledge” and “extraordinary cause” excuses to avoid compliance with filing a certificate of good faith
:
Updated:
Default judgment and damages affirmed in shooting case
:
Updated:
Slip and fall summary judgment affirmed.
:
Updated:
Dyer County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Conversion dismissal affirmed due to lack of particularity in complaint.
:
Updated:
Campbell County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Cheatham County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
No duty to warn where booster seat was made dangerous by addition of aftermarket part.
:
Updated:
Fayette County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Manufacturer not liable for seat belt extender used on booster seat
:
Updated:
Warren County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Franklin County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Optional arbitration agreement at nursing home was legal decision.
:
Updated:
Lawrence County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Monroe County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
July 1 – Effective Date for New Rules of Procedure and Evidence
:
Updated:
Optional arbitration agreement not a healthcare decision.
:
Updated:
Gibson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Interference with business relationship claim abated on defendant’s death.
:
Updated:
Loudon County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
TPPA applies to case against attorneys related to previous litigation.
:
Updated:
Bench verdict for plaintiff in pedestrian case reversed.
:
Updated:
Dickson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Tennessee Rules of Civil Procedure and Evidence 2024-2025 – Courtroom Edition
:
Updated:
No personal injury case against “statutory employer.”
:
Updated:
Roane County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Circumstantial evidence of car accident cause not sufficient.
:
Updated:
Obtaining Medical Records For Deceased Person in Tennessee
:
Updated:
McMinn County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Substantial compliance standard for pre-suit notice HIPPA authorizations.
:
Updated:
Jefferson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Non-attorney cannot represent siblings in wrongful death case.
:
Updated:
Coffee County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Carter County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Hawkins County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Cumberland County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Tipton County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
TPPA may apply to legal malpractice claims.
:
Updated:
Hamblen County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition)
:
Updated:
Legal malpractice plaintiff must prove elements of claim.
:
Updated:
Greene County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Service of process on hospital employee insufficient.
:
Updated:
Robertson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Putnam County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Trespass requires nominal damages.
:
Updated:
Maury County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Madison County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Liability for negligence of a state employee.
:
Updated:
Sevier County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Plaintiff Must Prove Dangerous Condition in Premises Case
:
Updated:
Bradley County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Washington County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Blount County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Wilson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
No causation or improper motive in tortious interference case
:
Updated:
Sullivan County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Insured Refuses to Give Examination Under Oath – No Coverage
:
Updated:
Montgomery County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
The Duty to Inquire and Limitation of Actions
:
Updated:
Intentional misrepresentation claim dismissed where misrepresentation only related to future action.
:
Updated:
Williamson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Assault and battery summary judgment reversed.
:
Updated:
Rutherford County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Wrong Site Surgery – An Example
:
Updated:
Medication Errors Result in Injury and Death
:
Updated:
Hamilton County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Summary judgment required based on public duty doctrine in GTLA case.
:
Updated:
Knox County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Summary judgment based on release of “all persons… from any claim” reversed.
:
Updated:
Legal malpractice dismissal based on statute of limitations affirmed.
:
Updated:
Davidson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Bedford County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Anderson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Marshall County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Shelby County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Summary judgment for plaintiff in conversion case affirmed.
:
Updated:
Sumner County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023
:
Updated:
Summary judgment vacated where no time for discovery was allowed.
:
Updated:
Gross negligence GTLA claim against 911 board can proceed.
:
Updated:
No TPPA immediate appeal from order denying voluntary dismissal of defendant.
:
Updated:
Practical Procedure and Evidence Blog
:
Updated:
HCLA dismissal based on statute of limitations partially reversed.
:
Updated:
No negligence per se where tenant had co-extensive knowledge of dangerous condition.
:
Updated:
No joint and several liability? No credit for other tortfeasor’s payments
:
Updated:
Impact of noncompliant HIPAA authorization
:
Updated:
Notice – Actual or Constructive – Required in Fall Down Cases
:
Updated:
Tennessee’s Discovery Rule Applied by the Court of Appeals
:
Updated:
3000th Post on this Blog
:
Updated:
Black Boxes in the Operating Room?
:
Updated:
Pushing the Proximity Envelope in NIED Claims
:
Updated:
Tort Cases Pending Before the Tennessee Supreme Court (01-16-2024)
:
Updated:
Premises liability summary judgment affirmed; dangerous condition created by plaintiff.
:
Updated:
Parents’ negligent infliction of emotional distress claim based on sexual abuse of minor daughter dismissed.
:
Updated:
Major TSC Opinion – Blame-Shifting and HCLA Medical Expense Recovery
:
Updated:
Tenn. Supreme Court Agrees to Review HCLA Notice Case
:
Updated:
ER doctor not qualified on standard of care in correctional facility.
:
Updated:
Conservator had authority to release HCLA claims against doctor.
:
Updated:
Two-year statute of limitations did not apply where driver was cited for municipal code violation.
:
Updated:
GTLA Did Not Remove City’s Immunity for Failure to Inspect Claim.
:
Updated:
Trial court’s fault allocation in motor vehicle accident case affirmed.
:
Updated:
Failure to list decedent’s minor children as claimants on HCLA notice should have resulted in dismissal.
:
Updated:
Defendant was not equitably estopped from limitations defense based on vague statements by insurance adjuster.
:
Updated:
Personal Vehicle Sharing Programs (PVSP) Give Rise to Insurance Issues
:
Updated:
Quality Improvement Privilege (QIP) does not apply to meeting between hospital and decedent’s family.
:
Updated:
Recent Cases on Damages for Frivolous Appeal
:
Updated:
Defendant only required to produce surveillance videos he intended to use for impeachment at trial.
:
Updated:
Law Firm Fights Over the Meaning of “Double-Spaced” in Local Rules
:
Updated:
Are You Using BirdDog Law?
:
Updated:
Statute Extending Statute of Limitations Does Not Extend Time for Service of Process
:
Updated:
Are You Reading Practical Procedure and Evidence?
:
Updated:
Summary judgment for car accident defendant reversed.
:
Updated:
Summary judgment overturned in car accident case.
:
Updated:
Summary judgment affirmed in Tennesssee informed consent case.
:
Updated:
Statutory immunity provisions related to health care powers of attorney did not prevent inquiry into whether decedent had mental capacity to execute power of attorney.
:
Updated:
Defendant waived appellate arguments by failing to renew motion for directed verdict or file motion for new trial.
:
Updated:
Tort proceeds belonged to decedent’s estate rather than surviving spouse.
:
Updated:
County retained immunity under GTLA where plaintiff’s claims fell within civil rights exception
:
Updated:
Malicious prosecution and abuse of process summary judgment affirmed.
:
Updated:
Medical bills excluded from trial due to lack of expert testimony that they were necessary.
:
Updated:
New Article Published Discussing Tennessee’s “Colleague Privilege”
:
Updated:
HCLA plaintiff failed to establish breach of standard of care.
:
Updated:
HCLA abrogates operation-of-law exception for vicarious liability claims in health care liability actions.
:
Updated:
Summary judgment overturned where minor was killed while drinking and driving.
:
Updated:
HCLA Plaintiff Cannot Get Benefit of 120-Day Extension When Filing Action Under Savings Statute
:
Updated:
Judgment for defendant in GTLA negligence case affirmed.
:
Updated:
Actual damages not required for intrusion upon seclusion claim.
:
Updated:
Legal malpractice claim barred by statute of limitations.
:
Updated:
Legislature Changes TCA Section 20-1-119 To Expressly Include Uninsured Motorist Insurers
:
Updated:
Legal malpractice claim required expert proof from plaintiff.
:
Updated:
HCLA Standard of Care Expert Competent to Testify.
:
Updated:
Practical Procedure and Evidence
:
Updated:
Defendant physician cannot be compelled to give expert opinion of other healthcare provider’s care.
:
Updated:
Biomechanical Expert’s Testimony on Medical Causation Rejected
:
Updated:
Parents could not file suit on behalf of adult child.
:
Updated:
Pre-Impact Terror in Plane Crash Litigation
:
Updated:
Amended Complaint Removed Defendants From Suit.
:
Updated:
Psychologist selected by mother pursuant to court order immune from later HCLA suit.
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Dyer County, Tennessee
:
Updated:
City ordinance violation does not extend Tennessee’s typical one-year personal injury statute of limitations.
:
Updated:
Tennessee GTLA case that includes non-governmental entity defendants can be heard by a jury.
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Wilson County, Tennessee
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Montgomery County, Tennessee
:
Updated:
Stats of Personal Injury and Wrongful Death Cases and Jury Verdicts in Robertson County, Tennessee
:
Updated:
Supreme Court addresses standard for favorable termination in a malicious prosecution claim based on a criminal case.
:
Updated:
Dismissal based on statute of limitations affirmed; court relied on judicial notice of court file
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Sullivan County, Tennessee
:
Updated:
Practical Procedure and Evidence
:
Updated:
HCLA plaintiff entitled to limited discovery to show that defendant was not prejudiced by noncompliant HIPAA authorization.
:
Updated:
Gender-Affirming Care Creates Tort Liability
:
Updated:
Stats on Personal Injury and Wrongful Death Cases in Rutherford County, Tennessee
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Putnam County, Tennessee
:
Updated:
Stats on Personal Injury and Wrongful Death Filings and Verdicts in Williamson County, Tennessee
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Maury County, Tennessee
:
Updated:
TPPA Motion to Dismiss Required Trial Court to Engage in Three-Step Analysis.
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Sumner County, Tennessee
:
Updated:
Short Term Offer for Day on Torts and Other Books – Save 25%
:
Updated:
Stats on Personal Injury and Wrongful Death Filings and Trials in Knoxville and Knox County, Tennessee
:
Updated:
Health Care Liability Filing and Disposition Statistics from Tennessee Courts – 2021-22
:
Updated:
Property owner defendants could not rely on statute of repose for defective improvements to real property.
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Washington County, Tennessee
:
Updated:
HCLA dismissal affirmed based on plaintiffs’ failure to name governmental employer as defendant.
:
Updated:
Stats on Tort Trials and Verdicts in Chattanooga and Hamilton County, Tennessee
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Madison County, Tennessee
:
Updated:
No certificate of good faith required for HCLA case that falls under common knowledge exception.
:
Updated:
Stats on Tort Trials and Verdicts in Memphis, Shelby County, Tennessee
:
Updated:
ACTL Podcast
:
Updated:
Misrepresentation summary judgment affirmed where plaintiffs failed to comply with appellate procedure rules.
:
Updated:
No legal malpractice where plaintiff could not show that he was harmed by representation.
:
Updated:
Stats on Davidson County, Tennessee Tort Trials and Verdicts
:
Updated:
New Procedure and Evidence Blog
:
Updated:
Defamation claim dismissed pursuant to Fair Credit Reporting Act.
:
Updated:
Plaintiff waived objection to discovery from testifying expert where objection was not made until expert deposition was in progress.
:
Updated:
Tennessee GTLA removes immunity for ordinary negligence only.
:
Updated:
Tennessee statute of limitations is based on gravamen of complaint.
:
Updated:
New Books Available – Appellate Standards of Review in Civil and Criminal Cases
:
Updated:
TPPA Petition to Dismiss Does Not Survive Voluntary Dismissal.
:
Updated:
TBA Journal Article – Defamation Cases: Yet Another Landmine
:
Updated:
Intentional interference with business relationships under the GTLA.
:
Updated:
Jury award to plaintiff affirmed where defendant presented evidence that some damages were not caused by the car accident.
:
Updated:
Apartment that failed to maintain wooden bridge liable to tenant in premises liability suit.
:
Updated:
Dismissal of negligent misrepresentation claim affirmed.
:
Updated:
Misinterpretation of the law not deemed excusable neglect under Rule 6.02.
:
Updated:
Funeral home had no duty to supervise burial of body.
:
Updated:
Dismissal of conversion and conspiracy claims vacated.
:
Updated:
Great Podcast
:
Updated:
Last Chance to Order Wrongful Death Book at Reduced Price.
:
Updated:
New Blog – Practical Procedure and Evidence.
:
Updated:
Reduced Price on Pre-Publication Copy of “Tennessee Wrongful Death Law”
:
Updated:
My Newest TBA Column – Defamation Cases – Yet Another Land Mine
:
Updated:
New Blog on Tennessee Procedure and Evidence
:
Updated:
Cases Pending Before the Tennessee Supreme Court – 2022 Wrap-Up
:
Updated:
Free, Helpful Information About the Shelby County, Tennessee Court System
:
Updated:
Free, Helpful Information About the Lawrence County, Tennessee Court System
:
Updated:
Online Tennessee CLE!
:
Updated:
Free, Helpful Information About the Hickman County, Tennessee Court System
:
Updated:
Free, Helpful Information About the Giles County, Tennessee Court System
:
Updated:
Bench trial verdict for plaintiff in truck wreck case based largely on credibility affirmed.
:
Updated:
Justice Programs Seminar – Memphis December 15 and 16
:
Updated:
TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.
:
Updated:
Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.
:
Updated:
Free, Helpful Information About the Maury County, Tennessee Court System
:
Updated:
Black Friday Sale Ends Sunday at Midnight. Money Back Guarantee!
:
Updated:
Free, Helpful Information About the Cheatham County, Tennessee Court System
:
Updated:
Black Friday 50% Off Sale Ends Sunday at Midnight!
:
Updated:
Free, Helpful Information About The Rutherford County, Tennessee Court System
:
Updated:
Free, Helpful Information About the Marshall County, Tennessee Court System
:
Updated:
Defendants can commit trespass on land they believed they owned.
:
Updated:
Free, Helpful Information About the Davidson County, Tennessee Court System
:
Updated:
Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).
:
Updated:
Free, Helpful Information About the Franklin County, Tennessee Court System
:
Updated:
Black Friday Sale on Subscriptions to John Day’s Books. 50% off Annual Subscriptions. (And Money-Back Guarantee)
:
Updated:
Free, Helpful Information About the Williamson County, Tennessee Court System
:
Updated:
Tennessee HCLA Case Dismissed under Statute of Limitations.
:
Updated:
Justice Programs Seminar Offerings – 2022
:
Updated:
Free, Helpful Information About the Wayne County, Tennessee Court System
:
Updated:
Free, Helpful Information About the Montgomery County, Tennessee Court System
:
Updated:
Exclusion of HCLA expert based on locality rule affirmed.
:
Updated:
Appeal under Tennessee Public Protection Act ruled untimely.
:
Updated:
Free, Helpful Information About the Robertson County, Tennessee Court System
:
Updated:
Physician employed by state university had absolute immunity under Tennessee Claims Commission Act.
:
Updated:
Free, Helpful Information About The Wilson County, Tennessee Court System
:
Updated:
No HCLA liability under GTLA where allegedly negligent doctors were not employees of governmental entity hospital.
:
Updated:
Free Information About the Sumner County, Tennessee Court System
:
Updated:
Plaintiff could not show constructive notice in GTLA premises liability case where she could not show how long dangerous condition had existed.
:
Updated:
Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.
:
Updated:
Dismissal of legal malpractice claim reversed.
:
Updated:
Professional negligence jury verdict affirmed.
:
Updated:
Scaffolding rental company owed no duty to roofer where homeowner opted to install scaffolding himself.
:
Updated:
Finding of extraordinary cause to excuse HCLA noncompliance reversed.
:
Updated:
Vegetation management contractor had no duty to remove tree located beyond scope of contract with electrical service.
:
Updated:
Evidence of car accident occurring not enough to support negligence claim.
:
Updated:
Tennessee Court of Appeals: HCLA plaintiff should have been allowed to substitute expert.
:
Updated:
Defense Counsel Brags About Result in Medical Malpractice Trial – Judge Orders New Trial
:
Updated:
USDC-MD TN Rules Presuit Notice and Certificate of Merit Statutes to Not Apply to TN HCLA Claims Filed in Federal Court
:
Updated:
Williamson County, Tennessee Tort Trial Statistics
:
Updated:
Tennessee Supreme Court Agrees to Review Two Cases
:
Updated:
Last Opportunity to Register for Seminar – August 24 and 25, 2022.
:
Updated:
Summary judgment based on GTLA and Recreational Use Statute affirmed.
:
Updated:
Nursing home arbitration agreement ruled unenforceable.
:
Updated:
Conversion claim was time-barred due to plaintiffs’ constructive notice of claim.
:
Updated:
Premises liability summary judgment affirmed where divot complained of was a minor aberration.
:
Updated:
No civil liability for sharing truthful information about matter of public concern.
:
Updated:
Res judicata dismissal of tort claims reversed.
:
Updated:
Legal malpractice claim fails without expert support.
:
Updated:
Lawyer Sanctioned for Misconduct During Deposition
:
Updated:
Seminar For Newer Lawyers Interesting in Learning About the Art of Trial Lawyering
:
Updated:
Changes to Tennessee Rules of Procedure and Evidence
:
Updated:
Tennessee Supreme Court Releases Opinion on Attorney Fee Awards After Motion to Dismiss
:
Updated:
Lease interest was not sufficient to establish ownership rights for conversion claim.
:
Updated:
Dismissal reversed on claims against church defendants based on alleged cover-up of sexual abuse of minors.
:
Updated:
New Data Being Added To BirdDog Law – Tort Trials and Damages, By County
:
Updated:
State responsible for allegedly dangerous condition on state-owned highway despite contracting maintenance out to city.
:
Updated:
The Tennessee Missing Witness Rule
:
Updated:
Defamation case dismissed based on absolute litigation privilege.
:
Updated:
Discovery rule applied in HCLA case involving food service provider.
:
Updated:
Plaintiff’s deposition created issue of fact in GTLA premises liability case.
:
Updated:
Georgia Opinion Discusses Standards for Deposing High-Ranking Corporate Executives (So Does Indiana!)
:
Updated:
Exciting New Addition to BirdDog Law – Comprehensive Local Court Information
:
Updated:
Tennessee Supreme Court Releases Opinion in Linville Case
:
Updated:
Dismissal affirmed where plaintiff died days before complaint was filed in her name.
:
Updated:
Dismissal affirmed where HCLA pre-suit notice was sent to wrong entity.
:
Updated:
Chancery court lacked subject matter jurisdiction over defamation tort claims.
:
Updated:
Cases Pending Before the Tennessee Supreme Court – Updated
:
Updated:
Dismissal partially reversed based on fraudulent concealment.
:
Updated:
Expert Needed for Legal Malpractice Case to Survive
:
Updated:
Calculating Post-Judgment Interest on Tennessee Judgments
:
Updated:
Wrong defendants in certificate of good faith caption should have resulted in dismissal.
:
Updated:
Landlord not liable for tenant’s pit bull biting guest after landlord ordered the dog removed and issued tenant an eviction notice.
:
Updated:
Revenge Porn
:
Updated:
County not immune from suit where sheriff’s deputy failed to investigate death threats.
:
Updated:
More On Powers of Attorney, Arbitration Agreements, and Wrongful Death
:
Updated:
“Pending Cases” Updated with New Tennessee Supreme Court Opinion
:
Updated:
Reckless infliction of emotional distress plaintiffs was not within the reasonably foreseeable scope of the alleged tort.
:
Updated:
New Decision Discussing Alter Ego-Law in Tennessee
:
Updated:
GTLA Attorney’s Fees Provision Permitting Award Against Plaintiff Deemed Constitutional
:
Updated:
Judgment for damages void where defendant was not served with amended omplaint.
:
Updated:
Insufficient certificate of good faith leads to summary judgment for defendant.
:
Updated:
Summary judgment vacated due to insufficient reasoning in trial court order.
:
Updated:
Injury case against homeowner’s association dismissed
:
Updated:
No exception to products liability statute of repose for latent disease or fraudulent concealment.
:
Updated:
No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.
:
Updated:
Rule Changes Approved By Tennessee General Assembly
:
Updated:
Injury Involving ATV Winch Case Will Be Tried Before Jury
:
Updated:
Ruling that nursing home arbitration agreement was invalid reversed.
:
Updated:
Attorney’s fees allowed as compensatory damages in inducement of breach of contract case.
:
Updated:
No liability for inmate-on-inmate assault where assault was not foreseeable.
:
Updated:
Defendant had no duty to remove tire debris from interstate after blowout.
:
Updated:
Claims Commission decision to credit defense witnesses affirmed.
:
Updated:
Plaintiff who was returning domesticated pigs to owner was not a trespasser.
:
Updated:
$1.5M Verdict Affirmed in Tennessee Car Wreck Case.
:
Updated:
Summary judgment affirmed where defendant did not place structure creating nuisance on defendant’s easement.
:
Updated:
BirdDog Law Adds Free Access to Rules of Criminal Procedure and Criminal Appeals Rules
:
Updated:
Premises liability summary judgment affirmed based on lack of constructive notice.
:
Updated:
Summary judgment for defendants in premises liability case affirmed
:
Updated:
Covid-19 Shuts Down Tort and HCLA Trials in Tennessee in 2020-21
:
Updated:
Negligence case against insurance agent fails due to statutory presumption.
:
Updated:
Tennessee Legal Malpractice Claim Filed Too Late
:
Updated:
Intentional misrepresentation and medical battery claims fell within HCLA
:
Updated:
Involuntary dismissal affirmed when video showed that defendant’s car was visible when plaintiff pulled onto roadway.
:
Updated:
Summary judgment vacated where trial court order failed to give reasons for decision
:
Updated:
Denial of motion to name correct defendant affirmed due to delay and lack of diligence
:
Updated:
Tennessee Supreme Court to Hear Two New Cases
:
Updated:
BirdDog Law Now Has Free Access to Tennessee Rules of Criminal Procedure
:
Updated:
Filing complaint with Tennessee Claims Commission did not satisfy requirement to give written notice to Division of Claims and Risk Management.
:
Updated:
Previous rejection of uninsured motorist coverage remained in affect after policy renewal.
:
Updated:
How To Determine What Cases Are Pending Before the Tennessee Supreme Court
:
Updated:
Collection of Case Law on the Issue of Whether a Civil Trial Should be Conducted Virtually
:
Updated:
Legal Malpractice Claim Filed More than One Year after BPR Complaint was Untimely.
:
Updated:
Wrongful Death of a Zygote? Last Year the Law Changed
:
Updated:
Negligence summary judgment affirmed where plaintiff had no evidence of breach of duty.
:
Updated:
Child in care, custody, or control of State between removal from parent’s home and entry of custody order by juvenile court.
:
Updated:
Decedent’s personal injury settlement did not become wrongful death proceeds after his death.
:
Updated:
Practice Before the Tennessee Claims Commission
:
Updated:
Snap Removals to Federal Court
:
Updated:
Colorado Supreme Court Allows Minors to Recover Pre-Majority Medical Expenses
:
Updated:
New Resource Center for Tennessee Lawyers
:
Updated:
No liability for State when fire causing damage was started by lightning.
:
Updated:
New Website for Tennessee Lawyers
:
Updated:
Operations on the Wrong Body Part – from The Washington Post.
:
Updated:
Justice Programs 2021 Seminar
:
Updated:
Summary Judgment Based on Tennessee Recreational Use Statute Affirmed.
:
Updated:
Interesting Article on How Radiologists Can Avoid Medical Malpractice Claims
:
Updated:
No nuisance or trespass when neighbor did not increase surface water flow onto plaintiff’s property.
:
Updated:
Claim regarding retirement benefit calculation was not a tort claim.
:
Updated:
Cancellation rule should have applied to defendant’s contradictory testimony.
:
Updated:
Statute of limitations did not affect time period to file with Tennessee Claims Commission after denial by Division of Claims and Risk Management.
:
Updated:
Verdict for defendant in ski resort case involving injuries to a snowboarder affirmed.
:
Updated:
Legal malpractice claim dismissed as untimely.
:
Updated:
Summary judgment reversed where evidence showed city inspected culvert that collapsed the day before the accident and recommended imminent replacement
:
Updated:
Law firm had no duty after terminating its representation of plaintiff.
:
Updated:
Dismissal of conversion case based on statute of limitations affirmed.
:
Updated:
Plaintiff not entitled to conduct discovery on issue of whether defendant was prejudiced by incomplete HIPAA authorization in HCLA case
:
Updated:
Premises liability summary judgment affirmed based on insufficient evidence of causation.
:
Updated:
Discretionary costs award to defendants affirmed.
:
Updated:
Tennessee Supreme Court Agrees to Review Comparative Fault Issue in Negligent Misrepresentation Case
:
Updated:
Dismissal affirmed under GTLA for failure to name doctor’s governmental entity employer as defendant.
:
Updated:
Collateral source rule barred testimony regarding reasonableness of medical bills.
:
Updated:
Plaintiff should have been allowed to revise voluntary dismissal where dismissal was not a final order.
:
Updated:
Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check
:
Updated:
Claims of Recklessness and Gross Negligence May Proceed Under Tennessee Governmental Tort Liability Act
:
Updated:
Defendant doctor can be compelled to testify regarding standard of care of co-defendant nurse he supervises; Minor on Tenncare Has Right to Sue for Medical Expenses
:
Updated:
Denial of Tennessee uninsured motorist coverage affirmed.
:
Updated:
Jury verdict affirmed where jury believed defendant’s account of car accident.
:
Updated:
Lack of Evidence on Value of Property Damage Dooms Tennessee Case
:
Updated:
Bifurcation of standard of care and causation issues in HCLA case affirmed.
:
Updated:
Jury’s decision to not reject some of plaintiff’s medical expenses affirmed.
:
Updated:
Summary judgment affirmed where defendant tested negative for STD he allegedly transmitted to plaintiff.
:
Updated:
Court of Appeals releases first opinion addressing Tennessee Public Participation Act.
:
Updated:
Noneconomic damages cap applied to injured plaintiff and loss of consortium plaintiff jointly.
:
Updated:
Tort Salad: Defamation, Conversion, Trespass to Chattels, False Light Invasion of Privacy, Trespass, NIED, IIED and Negligence
:
Updated:
HIPAA authorization deemed compliant despite return of no records.
:
Updated:
Summary judgment reversed where tombstone fell and injured plaintiff.
:
Updated:
Insurance statute did not create private right of action for general contractor
:
Updated:
Traffic Citations: Their Impact on Statutes of Limitations in Tennessee Personal Injury and Wrongful Death Cases
:
Updated:
Second Pre-Suit Notice Required After Voluntary Dismissal of First HCLA Complaint
:
Updated:
TN GTLA immunity retained where claim related to excessive use of police force.
:
Updated:
Failure to Address Each Ground of Dismissal on Appeals – Dismissal Affirmed
:
Updated:
HIPAA authorization single-provider exception did not apply where 21 providers were sent HCLA pre-suit notice.
:
Updated:
Car accident statute of limitations held to began on date of accident.
:
Updated:
Vicarious liability claim under HCLA not barred due to statute of limitations running out on claim against non-party agent.
:
Updated:
Failure to list purpose on HIPAA authorization leads to dismissal of HCLA case.
:
Updated:
Cross-examination Tips
:
Updated:
Case against deceased defendant time-barred.
:
Updated:
SCOTUS Addresses Personal Jurisdiction in Products Liability Lawsuits
:
Updated:
Landlord liable for negligent misrepresentation based on false statement that roof could be quickly repaired.
:
Updated:
Court clarifies factors to consider for fraud allegation related to attorney-client fee agreement.
:
Updated:
Doctor’s Alleged Misrepresentation of Credential’s Falls Outside of HCLA requirements.
:
Updated:
Dismissal of negligent retention claim affirmed
:
Updated:
Statutory presumption of insurance acceptance applies in action against insurance agent.
:
Updated:
Tennessee’s “Common Knowledge” Exception to Use of an Expert in Health Care Liability Act Cases
:
Updated:
HCLA statute of limitations for claim against doctor and hospital began to run on same date.
:
Updated:
Number of Tort Trials in Tennessee for the Year Ending June 30, 2020, Including Data By County
:
Updated:
Number of Civil Trials in Tennessee for the Year Ending June 30, 2020.
:
Updated:
Personal jurisdiction should be considered before substantive grounds in motion to dismiss.
:
Updated:
Summary judgment for HCLA defendants affirmed based on statute of limitations and lack of duty.
:
Updated:
Summary judgment for defendant overturned where plaintiff slipped in flooded restroom.
:
Updated:
Statute of limitations extended to two years where defendant was given traffic citation after car accident.
:
Updated:
Plaintiff’s judgment for student hit by shot put thrown by coach affirmed.
:
Updated:
No relation back where car accident plaintiff named wrong driver as defendant.
:
Updated:
Manufacturer has no duty to warn regarding products it did not make, sell or distribute.
:
Updated:
False imprisonment claim based on mental health hold at hospital actually fell under HCLA.
:
Updated:
Dismissal as discovery sanction affirmed.
:
Updated:
Failure to file post-trial motion resulted in waiver of directed verdict argument on appeal.
:
Updated:
Public Duty Doctrine did not apply in dangerous sidewalk case.
:
Updated:
Public Duty Doctrine Applied To Eliminate Claim
:
Updated:
Tennessee “Discovery Rule” Applied to Vehicle Crash Case
:
Updated:
Unsworn declaration created issue of fact to oppose summary judgment.
:
Updated:
Justice Programs Offering On-Demand CLE
:
Updated:
No reasonable reliance on warranty deed where lien was publicly recorded.
:
Updated:
HCLA pre-suit notice addressed to administrator as an individual did not provide notice to health care facility.
:
Updated:
Tennessee’s Rule 11 Will Require Email Address on Pleadings
:
Updated:
Need CLE? Justice Programs Offers On-Demand Video For Lawyers Who Want to Learn
:
Updated:
Dismissal Based on Lack of Foreseeability Reversed.
:
Updated:
Expert affidavit created issues of fact to withstand summary judgment in HCLA case
:
Updated:
Prejudgment interest included in “all damages” language in uninsured motorist insurance policy.
:
Updated:
Non-compliant HIPAA Authorization Leads to Dismissal of Tennessee Malpractice Case
:
Updated:
Summary judgment affirmed where plaintiff knew about leak before she slipped.
:
Updated:
Defamation claimed barred by ecclesiastical abstention doctrine
:
Updated:
Dismissal of Legal Malpractice Claim Reversed.
:
Updated:
Jury finding that plaintiff was 60% at fault for car accident affirmed.
:
Updated:
No misrepresentation based on acreage where accurate plat was public record.
:
Updated:
Sanctions based on HCLA Certificate of Good Faith Denied
:
Updated:
Pharmacist not qualified to give causation testimony in medically complex HCLA case.
:
Updated:
New trial affirmed where defendant shifted blame after failing to plead comparative fault.
:
Updated:
Noneconomic damages cap should be applied to each plaintiff separately in personal injury cases.
:
Updated:
Nursing home arbitration agreement signed by patient’s daughter not enforceable.
:
Updated:
Unconscionable fee-splitting provision in arbitration agreement could be severed from agreement as a whole.
:
Updated:
Website comment deemed to not constitute notice for relation back purposes.
:
Updated:
Justice Programs On-Demand Seminars Now Live
:
Updated:
ABA Best Practices for Third-Party Litigation Funding Paper
:
Updated:
Loss of Consortium Plaintiff Required to File Notice Before Complaint with Claims Commission.
:
Updated:
Savings statute available to vicarious liability plaintiff.
:
Updated:
Appeal Fails Without Transcript or Statement of Evidence
:
Updated:
Class certification denied in food poisoning and contagious restaurant employees case.
:
Updated:
Remote Notarization and Witnessing Extended in Tennessee
:
Updated:
Service of Process by Email? By Facebook?
:
Updated:
Dismissal based on statute of limitations not a favorable termination for later malicious prosecution claim.
:
Updated:
Dismissal Rejected When Defendant Cannot Prove Intentional Delay in Service of Process
:
Updated:
Amendments to the Tennessee Rules of Civil Procedure
:
Updated:
Decision Upholding the Right to Take Depositions by the Use of Remote Video
:
Updated:
Sample Remote Deposition Protocol
:
Updated:
Large jury award affirmed in negligence case against Kroger
:
Updated:
Chairs stacked on top of table not a dangerous condition
:
Updated:
No duty to remove snow from parking lot while snow is still falling.
:
Updated:
No damages to plaintiff despite fault of defendant in car accident affirmed.
:
Updated:
Dismissal of libel and false light invasion of privacy claims affirmed.
:
Updated:
Expert proof needed on standard of care in legal malpractice case.
:
Updated:
Damage Award Affirmed in Brachial Plexus Injury Case
:
Updated:
College had duty to student where fraternity hazing was foreseeable.
:
Updated:
Second HIPAA authorization sent after statute of limitations had run could not cure previous defects.
:
Updated:
Determining reasonable attorneys’ fees in post-settlement dispute.
:
Updated:
Jury Verdict Finding Plaintiff 77% at Fault Vacated
:
Updated:
Case dismissed for negligent spoliation of evidence.
:
Updated:
Summary Judgment for Convenience Store Reversed in Slip-and-File Case
:
Updated:
Notice letter could not cure deficiencies in HIPAA authorization.
:
Updated:
Exclusion of Defense Expert Reversible Error in Civil Battery Case
:
Updated:
No magic words required to make HIPAA authorization compliant
:
Updated:
Minimal damages affirmed where plaintiff offered no expert testimony on medical expenses
:
Updated:
Analyzing prejudice to defendant when HCLA pre-suit notice is deficient.
:
Updated:
Nuisance claim arising from construction fails
:
Updated:
Claim that counseling records were falsified fell under health care provider liability
:
Updated:
Guidelines for the Use of Remote Video in Depositions, Hearing, Trials and Appellate Arguments
:
Updated:
Expert practicing in Tennessee under licensure exemption not qualified as HCLA expert
:
Updated:
HIPAA Form Releasing Records to Plaintiffs’ Counsel Not Compliant.
:
Updated:
Grocery store assumed duty to maintain its parking lot
:
Updated:
Discovery Sanction Affirmed For Failure to Produce Photograph
:
Updated:
Magazine rack at checkout determined not a “dangerous condition”
:
Updated:
Pharmacy cannot use seller shield defense in health care liability case.
:
Updated:
Case Law Supporting the Use of Remote Video for Depositions
:
Updated:
“Cancellation Rule” Leads to Dismissal of Case
:
Updated:
Suing a Deceased Defendant in Tennessee
:
Updated:
Deaths in Car Crashes Down Almost 25% in Tennessee
:
Updated:
Plaintiff previously convicted of kidnapping and bank robbery was libel proof
:
Updated:
Texas Supreme Court Reverses Sanctions Against Lawyer Alleged to Have Engaged in Push-Poll
:
Updated:
Fall Off Examination Table Within Health Care Liability Act
:
Updated:
Court: No Fraudulent Concealment Present
:
Updated:
Summary Judgment and Rule 56.03 Statements
:
Updated:
Arbitration Right in Underinsured Motorist Statute Not Triggered
:
Updated:
New Executive Order on Notarizing Documents
:
Updated:
Where Can A Product Manufacturer Be Sued?
:
Updated:
Remote Video Depositions
:
Updated:
Sue Employer in Tort For Coronavirus-Related Death? Not in Tennessee
:
Updated:
Immunity For Government Employ Denied
:
Updated:
Day on Torts Nugget: Proper Way to Draft a New Complaint After a Voluntary Dismissal
:
Updated:
Statutes of Limitation and Repose Extended in Tennessee
:
Updated:
Dismissal based on intentional delay of service of process affirmed.
:
Updated:
Who Decides the What Issue Is Subject to Arbitration: A Judge or Arbitrator?
:
Updated:
Tennessee Considers Extent of Specific Personal Jurisdiction
:
Updated:
Day on Torts Nugget: Service of Process by Regular Mail During the Coronavirus
:
Updated:
Investigation into Self-Driving Car Crash in Florida
:
Updated:
Attorney not liable for advising client to make true police report
:
Updated:
Runner Hit By Car Found 80% At Fault
:
Updated:
Denial of Motion to Alter or Amend Reinstated by Supreme Court
:
Updated:
Water authority liable for fall where it had notice that meter box was damaged
:
Updated:
Day on Torts Nugget: Service on Companies That Have Not Appointed A Registered Agent in Tennessee.
:
Updated:
Tennessee Supreme Court Upholds Constitutionality of Damage Caps
:
Updated:
Day on Torts Nugget: Tennessee Medical Malpractice Filings and Trials
:
Updated:
Day on Torts Nugget – 2019 Tennessee Trial Data Part 2
:
Updated:
Omission in Appellate Filings Result In Loss
:
Updated:
Landlord not liable for tenant’s fall down stairs.
:
Updated:
Day on Torts Nugget: Standards for Motions to Amend Pleadings in Tennessee
:
Updated:
Police Shooting Victim Loses Case
:
Updated:
Footnote Points Out Issue With Amending Pleadings
:
Updated:
Day on Torts Nugget: Reliance on the Savings Statute after a Voluntary Dismissal
:
Updated:
Inconclusive Causation Testimony Insufficient – Case Dismissed
:
Updated:
Day on Torts Nugget: Be Careful When Suing the State of Tennessee.
:
Updated:
Property owner not liable when employee of independent contractor was injured.
:
Updated:
Day on Torts Nugget – 2019 Tennessee Trial Data Part 1
:
Updated:
Criminal Acts of Third Persons – Injured Party Loses Claim Against Store
:
Updated:
Day on Torts Nugget: Discovery Rule May be Used to Add Vicarious Liability Defendant
:
Updated:
Legal malpractice claim failed based on statute of limitations.
:
Updated:
Day on Torts Nugget – Amending A Complaint After A Defendant Alleges Fault of a Nonparty
:
Updated:
Nursing Home Agreement to Arbitrate – Who Can Bind Patient?
:
Updated:
Defense Claims Counsel Interfered With Ex Parte Interviews of Health Care Providers
:
Updated:
Tennessee Tort Reform – Statutes and Case Law
:
Updated:
False imprisonment statute of limitations begins to run when imprisonment ends.
:
Updated:
Day on Torts Nugget – Amending Complaint While a Motion to Dismiss is Pending
:
Updated:
Thoughts About the Interaction Between Subrogation and Comparative Fault
:
Updated:
HIPAA authorization required after plaintiff sent HCLA notice to multiple providers.
:
Updated:
Tennessee Court Adopts Revisions to Civil Procedure Rules
:
Updated:
How to Authenticate A Facebook Post.
:
Updated:
Seven Reasons To Serve Discovery With Your Complaint
:
Updated:
HCLA certificate of good faith must be separate from complaint
:
Updated:
Are Personal Injury Compensatory Damages Awards Taxable?
:
Updated:
Tennessee Law of Civil Trial – New Edition
:
Updated:
Absolute executive privilege does not apply to district attorney general.
:
Updated:
Pre-Suit Waivers of Liability in Tennessee
:
Updated:
Trial court erred by excluding expert testimony in premises liability case
:
Updated:
Litigation Privilege Defeats Defamation Claim.
:
Updated:
North Carolina Adopts New Case Citation Format
:
Updated:
Motion for Substitution Needed After Death of Plaintiff
:
Updated:
Fair Report Privilege Did Not Apply to Private Conversation in Defamation Case
:
Updated:
Car Accident Suit Against Deceased Defendant Dismissed as Untimely
:
Updated:
Self-Driving Truck Goes Cross Country
:
Updated:
Failure to Name Correct Defendant Fatal to Claim
:
Updated:
Injuried Party Need Not Be Included in Declaratory Judgment Action Between Defendant and Defendant’s Insurer
:
Updated:
Utilities Commission Had No Jurisdiction Over Negligence Suit
:
Updated:
Law Firms Made to Pay for Failure to Honor Medicare Subrogation
:
Updated:
Defamation Claim Asserted by Public Figure
:
Updated:
HCLA Statute of Limitations Started Before Plaintiff Consulted Expert
:
Updated:
Tennessee Supreme Court Overturns Application of Judicial Estoppel
:
Updated:
Tennessee HCLA defendants required to identify other potential defendants.
:
Updated:
Fraud Affirmed Where Foundation Repair Company Found to Have Sold Useless Services
:
Updated:
Fall Down Stairs Not Enough to Win – Need Causation
:
Updated:
Plaintiff’s Damages Not Limited By Amount Specified in Complaint
:
Updated:
Tennessee Court Offers Insight on Judicial Estoppel
:
Updated:
Summary Judgment Affirmed on Negligent Misrepresentation Claim
:
Updated:
No Trespass Claim Where Unmanned Truck Rolled Into House
:
Updated:
HIPAA Authorizations that Allowed Disclosure of Records Deemed Compliant
:
Updated:
Premises liability defendants had no duty where driveway complied with all regulations
:
Updated:
Economic Loss Doctrine Bars Plaintiff’s Fraud Claim
:
Updated:
No Employer Liability When Employee Had Car Accident After Work
:
Updated:
Payments to Professionals Who Were Fact Witnesses For Case and Discovery Preparation
:
Updated:
No Motion for New Trial? Issues Waived.
:
Updated:
Claims Commissioner’s Ruling Affirmed in Battle of the Experts Wrongful Death Case
:
Updated:
Product Liability and the Duty to Warn (And More)
:
Updated:
Nuisance Can Occur on Property Owned by Neither Plaintiff Nor Defendant
:
Updated:
Defective Pre-Suit Notice In Case 1 Bars Use of Savings Statute in Case 2
:
Updated:
Neurosurgery Consultant Not Qualified As Expert Against Urgent Care Center Nurses or Physician
:
Updated:
Suicide and Foreseeability
:
Updated:
Legal Malpractice Case Dismissed – No Causation As A Matter of Law
:
Updated:
No Continuance for HCLA Plaintiff Who Did Not Have Expert Affidavit After Eight Months
:
Updated:
Lay Witness Opinion on Source of Gravel on Road Admissible
:
Updated:
Tennessee Law of Civil Trial (Second Edition) – 2019
:
Updated:
Video Evidence Supports Summary Judgment In Grocery Slip and Fall Case
:
Updated:
Circuit Court Complaint not Transferred to Claims Commission.
:
Updated:
Recovery of Future Medical Expenses Under Tennessee Law
:
Updated:
Corporations as “People:” How The Legal Fiction Arose
:
Updated:
Pre-Suit Notice by Personal Delivery Must Actually Be Delivered to Comply with HCLA.
:
Updated:
Slight Raise of Pavement Along Crack in Parking Lot – Case Dismissed
:
Updated:
Sanctions Affirmed in Tennessee Slander Case
:
Updated:
Gym Not Liable for Sexual Assault in Locker Room
:
Updated:
City’s Duty to Protect Against Dangerous Dog Fell Under Public Duty Doctrine
:
Updated:
Plaintiff Must Name “John Doe” if Other Driver in Car Accident Case is Unknown.
:
Updated:
Claims Commissioner Must Make Conclusions of Law For Each Theory of Negligence
:
Updated:
Rule 59.04 Motion Does Not to Save Medical Malpractice Case
:
Updated:
Fall Down Steps Not Enough to Prove Premises Liability Case
:
Updated:
2017 Tennessee Health Care Liability Statistics – Part 3
:
Updated:
2017 Tennessee Health Care Liability Statistics – Part 2
:
Updated:
2017 Tennessee Health Care Liability Statistics – Part 1
:
Updated:
Motion to Amend Must Be Considered Before Hearing Motion to Dismiss
:
Updated:
Certificates of Good Faith and Voluntary Dismissals Pending a Motion
:
Updated:
Exclusion of Expert Witness Partially Overturned
:
Updated:
Assertion of the Fifth Amendment Privilege in Wrongful Death Cases
:
Updated:
Certificate of Good Faith Required for Negligent Supervision Claim
:
Updated:
No Evidence From Plaintiffs Leads to Summary Judgment for Defendant
:
Updated:
Tennessee Tort Filings and Trials – 2017-18 – Part 3
:
Updated:
Tennessee Tort Filings and Trials – 2017-18 – Part 2
:
Updated:
Tennessee Tort Filings and Trials – 2017-18 – Part 1
:
Updated:
Expert Required to Establish Case Against Water Distributor
:
Updated:
No Standard of Care Expert? No Case.
:
Updated:
Motion to Set Aside Judgment Must Show a Meritorious Defense
:
Updated:
Circuit Court Could Not Appoint Representative for Deceased Defendant
:
Updated:
Motion to Set Aside Judgment Must Show a Meritorious Defense
:
Updated:
Tennessee Supreme Court Defines Factors For Enforcing Exculpatory Agreements
:
Updated:
Summary Judgment on Negligence Claim Overturned
:
Updated:
No Fraud Claim Where Inspection Revealed Possible Water Issues
:
Updated:
No Fault for Plaintiff Affirmed
:
Updated:
Legal Malpractice Statute of Limitations Applied to Real Property Closing
:
Updated:
Affirmative Defenses Not Waived By One-Day Delay of Answer
:
Updated:
Agritourism Statute Provides Immunity from Liability but Allows Fault Allocation
:
Updated:
Non-Compliant HIPAA Release Prejudiced Only One Defendant
:
Updated:
No Evidence From Plaintiff = Summary Judgment for Defendant
:
Updated:
“Rebuttal” Evidence Properly Excluded
:
Updated:
Res Ipsa Loquitor and Medical Malpractice Claims
:
Updated:
“Extraordinary Cause” Under HCLA Notice Statute
:
Updated:
White Paper: Attorney – Client Privilege
:
Updated:
Apartment Owner Has No Duty to Protect From Attacks Off Its Property
:
Updated:
Discovery Rule Applied in Murder-Suicide Case – Claim Barred
:
Updated:
Appellate Court Court Reverses Summary Judgment – Jury Issue on Discovery Rule
:
Updated:
Refusal to Give Requested Jury Instructions Was Not Error
:
Updated:
Are Personal Injury and Wrongful Death Awards Subject to Federal Income Tax?
:
Updated:
No Response to Statement of Undisputed Material Facts Results in Loss
:
Updated:
Injury Plaintiff Indispensable Party in Insurer / Insured Dispute
:
Updated:
No Duty to Help Plaintiff With Service of Process
:
Updated:
“Discovery Rule” Analyzed in Cancer Treatment Case
:
Updated:
Plaintiff’s Past Medical Records Should Have Be Allowed as Evidence
:
Updated:
No Attorney’s Fee Award Permitted in Trespass Case
:
Updated:
What To Do When the Tortfeasor Dies Before Suit is Filed
:
Updated:
“Scope of Employment” and the Tennessee GTLA
:
Updated:
County Immune From Liability for Injury on Inmate Work Program
:
Updated:
Court Requires Production of Pre-suit Expert Statement Supporting Certificate of Good Faith
:
Updated:
Nuisance and Trespass Claims Dismissed
:
Updated:
Denial of Motion to Revise (Alter or Amend) Reversed
:
Updated:
Final Order of Dismissal Cannot Be Re-Litigated in Second Suit
:
Updated:
Local Practice Does Not Relieve Obligation to Provide Complete Medical Authorization
:
Updated:
Summary Judgment Reversed Given Conflicting Testimony in Premises Case
:
Updated:
Wet Floor Signs Not Enough to Avoid Liability for Slip-and-Fall
:
Updated:
Negligence Claim Preempted by Tennessee UCC
:
Updated:
Acknowledgement Letter Does Not Establish HCLA Pre-Suit Notice
:
Updated:
One Million Dollar Additur Determined to Destroy Verdict
:
Updated:
Deficient HIPAA Authorization Not Grounds for Dismissal
:
Updated:
No Liability When Customer Broke Chair
:
Updated:
“Excusable Neglect” As A Grounds For Extending Time for Service of Process
:
Updated:
Judicial Estoppel Doctrine Bars Legal Malpractice Claim
:
Updated:
Loss of Evidence Destroys Plaintiff’s Case
:
Updated:
Conflicting Information Lighting Means No Summary Judgment
:
Updated:
Sanctions Ordered For Failure to Comply With Rule 35 Order
:
Updated:
No Claims Commission Jurisdiction Over Medical School Dismissal
:
Updated:
Police Dog Exception to the Tennessee Dog Bite Statute
:
Updated:
Products Liability Statute of Repose Bars Claim
:
Updated:
Elements of Tennessee Claim for Defamation by Implication
:
Updated:
Statute of Limitations for Property Damage Claims
:
Updated:
Failure to Warn Claim Against Drug Manufacturer Rejected
:
Updated:
Intentional Infliction of Emotional Distress Claim Barred by Worker’s Compensation Claim
:
Updated:
Invasion of Privacy, Emotional Distress and Misrepresentation Claims Dismissed
:
Updated:
Wisconsin Supreme Court Upholds Damage Caps in Medical Malpractice Cases
:
Updated:
Duty of Care Exists Even in Dangerous Sporting Activities
:
Updated:
Real Property Damages Are Generally Repair Costs
:
Updated:
Noncompliant HIPAA Form Derails Plaintiffs’ Claims
:
Updated:
Fall-From-Ladder Case Falls Short
:
Updated:
Who Has the Right to Bring Suit in a Tennessee Wrongful Death Case?
:
Updated:
Comparative Fault in Tennessee Wrongful Death Cases
:
Updated:
“Open and Obvious” Defect Not Necessarily a Bar to Recovery
:
Updated:
Dedmon Rule Applies In Tennessee Claims Commission
:
Updated:
Expert Needed in Legal Malpractice Case
:
Updated:
No Notice of Dangerous Condition Bars Fall-Down Case
:
Updated:
Plaintiff Fails to Prove City Owned or Operated Drainage Pipe
:
Updated:
Release in Probate Court Barred Later Claims Against Uninsured Motorist Insurer
:
Updated:
Typed Signature Qualifies as “Signature” for Rule 11 Purposes
:
Updated:
Tenant Locked Out of Office Entitled to Conversion Damages
:
Updated:
Discovery Rule Applied in Tennessee Health Care Liability Act Case
:
Updated:
New-Added Defendant Loses Effort at Early Dismissal of Action
:
Updated:
Improper Notice Under TCA § 29-26-121 – The Savings Statute Does Not Save Case
:
Updated:
TCA Sec. 20-1-119 Applied to Save Case Against Previously Dismissed Defendant
:
Updated:
Door That Opened Into Lobby – Not Defective Condition
:
Updated:
What Happens When Defendant Dies Before Suit is Filed?
:
Updated:
Assault Claim in Health Care Facility
:
Updated:
Contractual Indemnity Claim Not Subject to HCLA
:
Updated:
Primary Cause of Medical Malpractice? Failure to Properly Diagnose
:
Updated:
Waiver of Attorney-Client Privilege
:
Updated:
ACTL White Paper on Attorney-Client Privilege
:
Updated:
Punitive Damages Award Vacated – Trial Court Found Not to Have Weighed Factors
:
Updated:
Rule 60.02 Motion Denied As Untimely
:
Updated:
Handshake “Assault” May Not Fall Under Health Care Liability Act
:
Updated:
Summary Judgment Vacated Due to Undecided Motion to Amend
:
Updated:
Tenant Salon Had No Duty to Clear Ice from Parking Lot
:
Updated:
Sixteen-Year-Old Misrepresentation Claim Time-Barred
:
Updated:
Home Inspector Owes No Duty to Guest of Homebuyer
:
Updated:
Radiologist Found to be Apparent Agent of Hospital
:
Updated:
Nursing Home Arbitration Agreement Not Enforced
:
Updated:
Facebook Post Ruled Not Defamatory
:
Updated:
Medical Malpractice Defense Verdict Affirmed
:
Updated:
Court Rejects Assertion that Video of Crash Determined Fault Allocation as a Matter of Law
:
Updated:
Nurse Not Competent to Give Causation Testimony in Medical Malpractice Case
:
Updated:
Malicious Prosecution Claims – Statute of Limitations
:
Updated:
Time Runs Under Statute of Limitations Only If There is a Person Who Can File Suit
:
Updated:
Deadline for Filing Suit Not Extended Due to Temporary Guardianship
:
Updated:
Failure to Identify Specific Physician Fatal to HCLA Case
:
Updated:
Expert Causation Testimony Required in Legal Malpractice Case
:
Updated:
Dismissal of Fraud Case Overturned
:
Updated:
UM Carrier Obtains Dismissal Because of Failure to Obtain Service on Driver
:
Updated:
Negligent Weapon Storage and Failure to Prevent Suicide
:
Updated:
Pro Se Suit Against Local Government Time-Barred
:
Updated:
Cup of Hot Coffee to Burns Patient
:
Updated:
Sudden Emergency Instruction Error in Medical Malpractice Case
:
Updated:
Another Slip and Fall Case Hits the Floor
:
Updated:
Plaintiff’s Expert Testimony on Causation Deemed Too Speculative
:
Updated:
Pro Se Wrongful Death Complaint Survives Challenge
:
Updated:
Rape Victim Not Limited to Workers’ Compensation Claim
:
Updated:
Tennessee Landlord Liable When Light Fixture Fell
:
Updated:
Confinement to Prison Isn’t “Extraordinary Cause”
:
Updated:
Med Mal Notice Statute and Governmental Entities
:
Updated:
Default Judgment in Injury Case Requires Hearing on Damages
:
Updated:
Fall-Down Case Goes to Jury
:
Updated:
Exculpatory Provision Enforced in Transportation Agreement
:
Updated:
No Invasion of Privacy When Information Was Already Public
:
Updated:
Negligent Supervision Allowed Under Tennessee Claims Commission Act
:
Updated:
Battery Claim Proceeds In Absence of Significant Injury
:
Updated:
Tennessee Court Explains Duty to Supplement Discovery and Expert Testimony
:
Updated:
More on Pre-SuitNotice, HIPAA, in Tennessee Medical Malpractice Cases
:
Updated:
Case Dismissed Given Deficient Expert Testimony
:
Updated:
Tennessee Uninsured Motorist Claims Subject to Six-Year Statute of Limitations
:
Updated:
Liability of Tennessee for Inmate-on-Inmate Attacks
:
Updated:
No HIPAA Form Required in Single Defendant HCLA Case
:
Updated:
Inmate Injured on Work Detail – Recovery Limited to Medical Expenses
:
Updated:
Court of Appeals Discusses Tennessee Car Accident Damages
:
Updated:
No Negligent Misrepresentation Claim Based on Future Event
:
Updated:
Application of Tennessee Savings Statute When Initial Filing Deadline Missed
:
Updated:
Nuisance, Invasion of Privacy, IIED, and Chickens
:
Updated:
Mothers, Minors and Medical Bills
:
Updated:
Special Duty Doctrine Applied Against 911 Agency in Suicide Case
:
Updated:
Failure to Include Causation Evidence Ends Malpractice Case
:
Updated:
Negligent Infliction of Emotional Distress Claim Against Hospital Goes to Jury
:
Updated:
Serving Rule 11 Motion on Opposing Counsel Not Considered “Process” for Abuse of Process Claim
:
Updated:
Fraudulent Misrepresentation Case Falls Short
:
Updated:
Statute of Limitations Bars Mother’s Claim Against Health Care Provider
:
Updated:
$3 Million Dollar Verdict Vacated Due to Defective Verdict Form
:
Updated:
No HIPAA Form Required in Single Defendant Medical Negligence Case
:
Updated:
Slander Subject to Six-Month Statute of Limitations
:
Updated:
Jury Verdict For Defendant Affirmed in Brentwood Car Wreck Case
:
Updated:
Forum Non Conveniens in Tennessee Personal Injury Cases
:
Updated:
No Expert Needed Where EMT Allegedly Punched Patient
:
Updated:
Claims of “Beatings” By Medical Personnel Not Subject to Tennessee HCLA
:
Updated:
Case Remanded For Entry of Order that States Reasons for Ruling
:
Updated:
61% Remittitur Affirmed in Tennessee Injury Case
:
Updated:
No Proof of Causation where Cause of Fire Not Identified
:
Updated:
County Not Responsible for Suicide of Recently Released Inmate
:
Updated:
Testimony on Whether Doctor “Did Her Best” Excluded in Medical Malpractice Case
:
Updated:
No Emotional Distress Claim Based on Negligent Destruction of Property
:
Updated:
Tennessee COA Reverses Order – Too Similar to that Drafted by Winning Party
:
Updated:
Enforcing Tennessee Settlement Agreements in Injury Cases
:
Updated:
Employer Liability for Criminal Acts of Employees
:
Updated:
Tennessee Court Studies Independent Contractor Rules
:
Updated:
Court Finds Exit Ramp Roadway Meets Safety Standards
:
Updated:
Acknowledgement Letter Used to Establish Pre-suit Notice
:
Updated:
Patient Alleging Rape at Hospital – Pre-suit Notice Not Required
:
Updated:
No Defect Arises By Decorating Handrail
:
Updated:
It Takes Evidence to Defeat A Motion for Summary Judgment
:
Updated:
The Latest Intentional Interference with Business Relationships Decision
:
Updated:
Amount of Attorneys’ Fees Awarded as Sanction Must be Causally Related to Misconduct
:
Updated:
No Negligence in Porch Collapse During Party
:
Updated:
No Misrepresentation where Plaintiffs Had Access to Information
:
Updated:
Summary Judgment Vacated When Order Failed to State Reason for Decision
:
Updated:
Statute Regarding Community Supervision of Sex Offenders Did Not Confer Private Right of Action
:
Updated:
Fitness Facility Had No Duty to Use AED on Injured Patron
:
Updated:
Tennessee Personal Injury and Wrongful Death Trial Statistics 2015-16
:
Updated:
Tennessee Slip and Fall Case Fails Without Proof of Causation
:
Updated:
HCLA (Medical Malpractice) Claim Dismissed – Notice Insufficient
:
Updated:
Medical Malpractice Claims Declining
:
Updated:
Limit on Right of Surviving Spouse to Bring Wrongful Death Claim
:
Updated:
Contractual Waivers and Medical Expense Recovery by Minors
:
Updated:
Longer Hours Ahead for Medical Residents
:
Updated:
One Year Statute of Limitations Bars Misrepresentation Claims
:
Updated:
Plaintiff’s Verdict Affirmed in Head-On Crash Caused by Police
:
Updated:
Sexual Assault in School Held Not Foreseeable
:
Updated:
Maury County Fall Down Case Falls Down. Hard.
:
Updated:
Exclusion of Expert Testimony Reversed – New Trial Ordered
:
Updated:
Tennessee’s “Rule of Sevens” Applied to Dismiss Case
:
Updated:
Sanctions Awarded Against Lawyers After Abuse of Process Case Dismissed
:
Updated:
Tennessee Slip And Fall Case Dismissed
:
Updated:
Court Orders New Trial – Jury Disregarded Expert Testimony
:
Updated:
Father Had Duty to Hold Ladder for Son During RV Exterior Cleaning
:
Updated:
Certificate of Good Faith Required When Expert Must Prove Causation
:
Updated:
Proving Damages in a Conversion Case
:
Updated:
Pro Se Plaintiff Allowed to Proceed with Part of Claim Against Chiropractor
:
Updated:
Employer Had No Duty to Prevent Employee From Leaving Store in His Own Car
:
Updated:
Article Shows Misinformation About Malpractice Litigation
:
Updated:
Blank HIPAA Form Deemed Non-Compliant by Tennessee Court
:
Updated:
Open and Obvious Danger Not Automatic Bar to Fall-Down Claim
:
Updated:
Rental Car Driven by Renter Considered an Uninsured Motor Vehicle
:
Updated:
Issue Concerning Naming Proper Defendant in Complaint
:
Updated:
Security Guards and the Independent Contractor Rule
:
Updated:
Statute of Limitations Bars Legal Malpractice Claim
:
Updated:
Notice and HIPAA Form Also Required for Re-Filed HCLA Claim
:
Updated:
Suit Against Local Government Over Sewer Issues
:
Updated:
Ex Parte Communications With Treating Physicians – TN Statute Ruled Unconstitutional
:
Updated:
Upcoming Seminar – Knoxville, Nashville and Memphis
:
Updated:
Lawyer Wisely Drops Chicken-Choking Case
:
Updated:
Tennessee Jury Verdict More Than 40 Times Medical Expenses Affirmed
:
Updated:
Nonsuit OK When Motion to Dismiss is Pending in Medical Malpractice Case
:
Updated:
Upcoming Seminar – Justice Programs
:
Updated:
Nonsuit OK When Motion to Dismiss is Pending – Even in Medical Malpractice Cases
:
Updated:
Tennessee COA Reverses Trial Judge’s Finding of Negligence
:
Updated:
Tennessee GTLA Claim Regarding Water Meter Hole Not a Premises Liability Case
:
Updated:
Supervision of Mental Patient Issue That Requires Expert Testimony
:
Updated:
Evidence of Intoxication is Not Necessarily Sufficient to Establish Liability
:
Updated:
Property Owner Can Owe a Duty to Volunteers Roofers
:
Updated:
Another Water-on-Floor Slip and Fall Falls
:
Updated:
Death of Lawyer’s Infant Son is “Extraordinary Cause” under HCLA
:
Updated:
Sudden Emergency Jury Instruction Allowed Without Comparative Fault Defense
:
Updated:
Settlement of Personal Injury Cases for Minors in Tennessee
:
Updated:
Sexual Assault in School: Duty Turns on Material Fact Dispute
:
Updated:
Snow and Ice Fall-Down Cases in Tennessee
:
Updated:
Changing Times for Personal Injury Lawyers
:
Updated:
Plaintiff Permitted to Proceed on Multiple Theories of Liability
:
Updated:
Liability of Public Hospital Where Allegations Related to Non-Employee Doctors
:
Updated:
No Tort Claim Where Plaintiff Was Found To Have Caused Her Own Loss
:
Updated:
Tennessee Legal Malpractice Statute of Limitations
:
Updated:
Reasonable Medical Expenses – Billed Amount or Negotiated Amount?
:
Updated:
Ex Parte Interviews Not Preempted by HIPAA
:
Updated:
Bench Trial Judgment for Plaintiff Reversed Due to Lack of Factual Findings
:
Updated:
Jury Verdict for Plaintiff in Tennessee Truck Accident Case Affirmed
:
Updated:
Summary Judgment Ruling Trips Up Plaintiff’s Elevator Case
:
Updated:
The “Law of The Case” and Its Exceptions – Tennessee Style
:
Updated:
Waiver Trips Up Injury Case Against YMCA
:
Updated:
Tesla’s Driverless Car Crash Raises Evidence Collection Issue
:
Updated:
Legal Malpractice – Statute of Limitations – Discovery Rule
:
Updated:
Three-Inch Step From Store to Sidewalk Not a Dangerous Condition
:
Updated:
Proof of Actual Malice in False Light Case
:
Updated:
No Reasonable Reliance in Money Washing Scheme
:
Updated:
The Court of Appeals addressed an issue of first impression regarding the interpretation of a wrongful death statute related to a surviving spouse who has outstanding child support obligations.
:
Updated:
Glass Display Case in Retail Store Not a Dangerous Condition
:
Updated:
No Causation Found For Plaintiff Injured by Dorm Fire Alarm
:
Updated:
Refusal to Strike HCLA Expert Affirmed
:
Updated:
Summary Judgment Reversed in Legal Malpractice Case
:
Updated:
Filing Notice of Claim Triggers Waiver Provision
:
Updated:
Public Duty Doctrine Gives Immunity to City When Suspect Stole Police Car
:
Updated:
Tennessee Savings Statute Fails to Preserve Claims Not Asserted in Original Filing
:
Updated:
Claims Against an Employer Can Proceed Even After Employer Admits Vicarious Liability
:
Updated:
Vehicle Photos Allowed into Evidence in Rear-End Collision Case.
:
Updated:
HCLA Statute of Limitations Issue A Jury Question
:
Updated:
2016 Day on Torts Book Supplement Available
:
Updated:
Tennessee Recreational Use Statute Strikes Again
:
Updated:
Expert’s Failure to Disclose Income As Expert – Round 3
:
Updated:
Kitchen Sink Complaint Goes Down Drain.
:
Updated:
Expert Not Needed in Wobbly Stool Case
:
Updated:
Premises Case Rejected on Summary Judgment
:
Updated:
Is a Voluntary Dismissal With Prejudice a “Favorable Termination”
:
Updated:
TRCP 16 Provides for Scheduling Orders Not Scheduling Suggestions
:
Updated:
The Verdict for Erin Andrews – What Happens Next?
:
Updated:
Property Owner Not Liable Where Another Entity Operated Clinic
:
Updated:
Trip Over Three-Inch Threshold Presents Question for Jury
:
Updated:
Data on Medical Malpractice Claims Against Anesthesiologists
:
Updated:
2014-15 Tennessee Tort Filings and Damage Awards Data
:
Updated:
Plaintiff Wins Case Involving Crash With Fire Rescue Vehicle
:
Updated:
1% of Doctors = 32% of Malpractice Claims
:
Updated:
Slip and Fall Case Dismissed WhenTestimony and Other Evidence Did Not Align
:
Updated:
Summary Judgment Affirmed Where Dog Had Never Bitten Anyone Before
:
Updated:
HCLA Claim Dismissed Where One of Eight Providers was Named on HIPAA Form
:
Updated:
Tolling Due to “Adjudicated Incompetent” Requires That There Was Judicial Intervention
:
Updated:
Tennessee Testimonial Harlot Protection Act of 2016
:
Updated:
Curb Cut for Wheelchair Ramp Held Not To Be “Dangerous Condition”
:
Updated:
Expert Rejected. Motion to Continue Rejected. Case Dismissed.
:
Updated:
HIPAA-Compliant Authorization Still Required where Defendant is only Health Care Provider at Issue
:
Updated:
Gross Negligence Affirmed where Advertisement Misrepresented Mini Storage
:
Updated:
Article in TBA Journal About Comparative Fault Issue
:
Updated:
2016 Rule Package Released
:
Updated:
Plaintiff Who Turned Left on Red 50% at Fault as Matter of Law
:
Updated:
Hotel’s Holiday Ice Slides Not a “Public Playground”
:
Updated:
Low Damage Award Set Aside by Appellate Court
:
Updated:
Merely Providing Affidavit To Employer Cannot Give Rise to Malicious Prosecution Claim
:
Updated:
Judge Must Give Basis for Summary Judgment Decision
:
Updated:
Parents Win Dismissal of Case For Allowing Minor Daughter to Drive ATV
:
Updated:
“Health Care Liability Claim” Includes Dropping Patient While Putting Her in Car
:
Updated:
On Eulogies and Obituaries
:
Updated:
Impact of Lost Product Under Tennessee Products Liabilty Law
:
Updated:
Summary Judgment Reversed in Conversion Case
:
Updated:
False Light Claim Knocked Out – No Proof of Malice
:
Updated:
Alleged Road Defect Case Rejected by Tennessee Court of Appeals
:
Updated:
Medical Malpractice Plaintiff Burned by Pre-2011 Notice Law
:
Updated:
Tennessee Supreme Court Overturns Hannan Summary Judgment Standard
:
Updated:
Circumstantial Evidence and Summary Judgment
:
Updated:
Constitutional Challenge to Damage Cap Must Award Verdict
:
Updated:
Statute Trumps Court Decision – “Ordinary” Negligence Claims Essentially Gone in Medical Malpractice Cases
:
Updated:
Tennessee Effectively Reduces Statute of Limitations in Claims Filed Against the State
:
Updated:
Defamation by Implication under Tennessee Law
:
Updated:
Yet Another Nursing Home Arbitration Case
:
Updated:
Following Established Procedure Not A Discretionary Function Under Tennessee GTLA
:
Updated:
Act Quickly To Solve Problems with Service of Process
:
Updated:
Intentional Interference With Business Relations Requires Proof of Damages
:
Updated:
Products Liability Case Given New Life By Sixth Circuit
:
Updated:
Tennessee Corporation Denied Dismissal Based on Forum Non Conveniens
:
Updated:
Summary Judgment Vacated Because Depositions Were Improperly Limited
:
Updated:
Right of Non-Primary Residential Parent to Bring Claim for Child
:
Updated:
Non-Suit Allowed to Cure Pre-Suit Notice Deficiencies
:
Updated:
Evidence of Injury Not Enough to Prove Fall-Down Case
:
Updated:
Insufficient GTLA Complaint Results in Dismissal
:
Updated:
Judgment For Plaintiff in Negligence Case Reversed on Appeal
:
Updated:
Ordinary Negligence vs. Health Care Liability; Relying on the 120-Day Statute of Limitations Extension.
:
Updated:
Puddle on Floor for Three Minutes Creates Jury Issue on Notice
:
Updated:
Not Required to Disclose Zero Prior Violations on Certificate of Good Faith
:
Updated:
Pre-Suit Notice Sent Via FedEx Substantially Complied with HCLA
:
Updated:
The Probable Cause Defense to Malicious Prosecution Claims
:
Updated:
Defect in Construction Does Not Stop Statute of Repose From Starting to Run
:
Updated:
Tennessee Medical Malpractice Decision on Reversed – Notice Issue
:
Updated:
Plaintiff Lacks Proof of Notice of Dangerous Condition – Case Dismissed
:
Updated:
Lawyer Who Cheated Sanctioned Almost $1,000,000
:
Updated:
Tennessee Certificate of Good Faith Mandate Does Not Require Disclosure of Zero Prior Violations
:
Updated:
Truck Owner Not Liable for Sister-in-Law’s Tennesssee Truck Accident
:
Updated:
Informed Consent Expert Testimony Not Limited to Risks that Actually Materialized
:
Updated:
Summary Judgment Reversed Given Evidence of Opposing Party
:
Updated:
Summary Judgment Reversed in Fall-Down Case
:
Updated:
Tennessee HCLA Case Dismissed for Non-Compliant HIPAA Form.
:
Updated:
Understanding the Discretionary Function Exception to the Tennessee GTLA
:
Updated:
GTLA Complaint Survives Motion to Dismiss
:
Updated:
Real Estate Statute of Repose Wipes Out Fire Loss Case
:
Updated:
Signing an “As Is” Agreement Negates Reliance on Alleged Misrepresentation
:
Updated:
Is Plaintiff’s Fault Percentage Applied Before or After Tort Reform Damage Cap?
:
Updated:
Tort Cases Pending Before the Tennessee Supreme Court
:
Updated:
Email Blasts and Personal Jurisdiction
:
Updated:
Tennessee Wrongful Death Law – Rights of Spouse Who Is Not in Household
:
Updated:
Expert Affidavit Does Not Satisfy Certificate of Good Faith Requirement
:
Updated:
Enforceability of Settlements Announced in Open Court
:
Updated:
Ill-Maintained Bridge Leads to Premises Liability for City
:
Updated:
Personal Injury Plaintiff Wins Summary Judgment
:
Updated:
Removal of Cases to Federal Court Before In-State Defendants Are Served
:
Updated:
Tennessee Requires Formal Notice Before Each Medical Malpractice Filing
:
Updated:
Adding Employer As Defendant More Than One Year After Incident
:
Updated:
New Local Rules in Tennessee’s 23rd Judicial District
:
Updated:
Tennessee Products Liability Claim Falls Short
:
Updated:
When Does Bad Conduct Rise to the Level of Outrageous Conduct?
:
Updated:
No Proof on Notice of Hazard Results in Dismissal of Case
:
Updated:
Sponge Case Falls Under HCLA Not Ordinary Negligence
:
Updated:
Sandy Hook Parents Sue Mother of Murderer
:
Updated:
Trial Court Cannot Impose Additional Limitations on Ex Parte Interviews in Healthcare Liability Cases.
:
Updated:
Upcoming Civil Case Arguments at the Tennessee Supreme Court
:
Updated:
Court of Appeals Rules that 120-Day Extension Applies to HCLA Cases Filed under Saving Statute.
:
Updated:
Juror Interview in Vanderbilt Rape Trial Offers Good Practice Reminders
:
Updated:
Punitive Damages Affirmed in Tennessee Fraud Case
:
Updated:
Tennessee Supreme Court Oral Arguments Scheduled
:
Updated:
Tennessee Law of Voir Dire
:
Updated:
Suing Vaccine Cynic Parents and Day Care Centers When a Child Contracts Measles
:
Updated:
Med-Mal Claims Under the GTLA – Limitation of Actions
:
Updated:
Pre-Suit Notice Required When Re-Filing Med Mal Complaint
:
Updated:
2015 Tennessee Tort Reform Compendium Available
:
Updated:
Experts in Med Mal Cases: Must Prior Experience Have Been For Pay?
:
Updated:
No Liability Where Customer Walked Backwards over an Obvious Curb
:
Updated:
Joint Commission Publishes New Safety Chapter
:
Updated:
Certificates of Good Faith After Defendant Alleges Fault
:
Updated:
Business Owners who Ejected Patrons into Street Just Before Shootout Avoid Liability
:
Updated:
Local Rule Changes in the 21st Judicial District
:
Updated:
City Immune from Suit where it does not Own or Control Property Where Injury Occurred
:
Updated:
“Magic Words” and Medical Malpractice Litigation
:
Updated:
Statute of Limitations – One Day Late Too Late
:
Updated:
A Website and a Unilateral Phone Call – No Personal Jurisdiction
:
Updated:
The Contiguous State Rule for Expert Witnesses
:
Updated:
Medical Malpractice Notice – Incomplete HIPAA Form
:
Updated:
Seeking Reconsideration of Summary Judgment Motions in Tennessee
:
Updated:
Conversion of Motions to Dismiss Into Motions for Summary Judgment
:
Updated:
Products Liability Statute of Repose and its Exceptions Held to be Constituational
:
Updated:
No Evidence of Constructive Notice Leads to Summary Judgment in Tennessee Premises Liability Case
:
Updated:
Court Torpedos 911-Related Negligence Claim
:
Updated:
Nuanced Determination Required to Distinguish Health Care Liability Claims from Ordinary Tort Claims
:
Updated:
Offer of Judgment Cannot Be Revoked During 10-Day Window
:
Updated:
Health Care Liability Claim under GTLA Entitled to 120-Day Extension of Statute of Limitations
:
Updated:
The “Made-Whole” Doctrine in Tennessee
:
Updated:
Tennessee Law of Civil Trial – Book Review
:
Updated:
Reasoning Required in Tennessee Trial Court’s Summary Judgment Order
:
Updated:
Orders on Motions for Summary Judgment – Rubber-Stamping Not Allowed
:
Updated:
Strip Club Murderer Loses Appeal
:
Updated:
NEJM Study on Defensive Medicine
:
Updated:
Recent Tennessee Jury Verdicts
:
Updated:
Trial Court’s Evidentiary Rulings Given Great Deference on Appeal
:
Updated:
Tennessee Made-Whole Doctrine
:
Updated:
Defamation and Public Figures in Tennessee
:
Updated:
Tolling Agreements, The Savings Statute and Tennessee Law
:
Updated:
Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice
:
Updated:
When is a Summons and Complaint “Unclaimed” Under Tennessee Law?
:
Updated:
Tennessee Tort Buffet
:
Updated:
What Happens After A Default Judgment is Entered in Tennessee?
:
Updated:
Injury and Wrongful Death Liability of Franchisors
:
Updated:
Tennessee Court Rules on Discovery of Income from Testifying Expert
:
Updated:
Tennessee Law of Civil Trial – Free Sample Chapter
:
Updated:
Tennessee Appellate Court Reviews Business Tort Case
:
Updated:
Yet Another Tennessee Medical Malpractice Notice Case
:
Updated:
Deficient Certificates of Good Faith in Tennessee
:
Updated:
Lawsuit Against Agent for Inadequate Insurance Limits
:
Updated:
Truck Driver Left Vehicle and Loses Protection Under UM Coverage
:
Updated:
Tennessee Insurance Coverage Decision
:
Updated:
Fraudulent Concealment Exception to Medical Malpractice Statute of Limitations and Statute of Repose in Tennessee
:
Updated:
Train Wreck. Divorce Trial. But I Repeat Myself
:
Updated:
Defendant’s Lie Under Oath May Be A Sin, But It Is Not Admissible in MVA Trial
:
Updated:
Health Care Liability Expert Need Not Know Community Statistics from Date of Alleged Injury to Testify in Tennessee Medical Malpractice Case
:
Updated:
Tennessee Law of Civil Trial Book
:
Updated:
Case Dismissed Because Plaintiff Sent Notice by FedEx Instead of U.S. Postal Service
:
Updated:
Just Give Him the Dang Forms!
:
Updated:
John Day’s New Book – Tennessee Law of Civil Trial
:
Updated:
Memphis Premises Liability Case Fails
:
Updated:
Amended Medical Malpractice Complaint Not Subject to Certificate of Good Faith Requirement when Initial Action was Filed Before October 1, 2008
:
Updated:
Can The Owner of LLC Also Be A Defendant in a Tort Action Against the LLC?
:
Updated:
Spoliation of Evidence in Tennessee: Intent v. Prejudice
:
Updated:
Negligent Failure to Have a Nightlight? Nope
:
Updated:
No Special Requirements for Pre-Suit Notice on the State of Tennessee In Medical Malpractices Cases
:
Updated:
Failure to Read a Motion is Not Excusable Neglect under Tennessee Law
:
Updated:
Failure to Timely Appeal Results in Dismissal
:
Updated:
Article on Countering Adverse Authority
:
Updated:
Tennessee Certificate of Good Faith Statute – Extension of Time To File Amended Certificate Granted
:
Updated:
Delaware Court Reminds Tennessee Lawyers That Causation Must be Established in Cancer Malpractice Cases
:
Updated:
Tolling of Statute of Limitations Not Lost by Failure to Comply with Return of Process Rule
:
Updated:
You’ll Get Nothing and Like It!
:
Updated:
How NOT to Handle an ERISA Subrogation Lien
:
Updated:
After this Case, the Wedding is Going to be Pretty Awkward
:
Updated:
Tennessee Adopts Statute of Repose for Malpractice Claims Against Attorneys and Accountants
:
Updated:
New Notice Not Required for Second Filing of Medical Malpractice Case in Tennessee
:
Updated:
Health Care POA Must Have Specific Authority to Agree
:
Updated:
Tennessee Court of Appeals Reverses Finding of No Liability of Jailer for Failure to Provide Proper Medical Care to Inmate
:
Updated:
Tennessee Court Holds that Jury Need Not Be Instructed on Financial Effect of Fault Being Assessed Against a Non-Party That Had Previously Settled
:
Updated:
Poor Lighting Leads to Reversal of Summary Judgment for Defendant in Tennessee Fall Down Case
:
Updated:
Tennessee’s Three-Year Health Care Liability Statute of Repose Bars Claim
:
Updated:
Not All Rear-End Collisions Result in Plaintiff’s Verdicts
:
Updated:
Nurse Practitioners Now Exempt From Subpoena to Trial
:
Updated:
Preserving Timely Filings of Tort Actions in Tennessee General Sessions Court
:
Updated:
Close Enough for Horseshoes and Hand Grenades: Substantial Compliance Rather Than Strict Compliance in HealthCare Liability Case
:
Updated:
Tennessee Medical Malpractice Case Rich With Law on Speculative Damages, NIED Claims and Whether Disruption of Family Planning Is A Valid Claim
:
Updated:
Tennessee Defamation Case Flushed
:
Updated:
Party Seeking to Compel Arbitration Under Tennessee’s Uniform Arbitration Act Must Specifically Request Such Relief to Preserve Issue For Appeal
:
Updated:
Should Defense Counsel Be Permitted to Have Ex Parte Communications With a Patient’s Health Care Providers?
:
Updated:
Slip and Fall Cases and Ice
:
Updated:
A Proposed Cure for an Emergency Room Doctor
:
Updated:
Another Day, Another Tennessee Medical Malpractice Notice Case
:
Updated:
Agreements to Arbitration: “Good for the Goose, Good For the Gander” Rule Applied By Tennessee Court
:
Updated:
Tennessee Medical Malpractice Trial: The Third Time Is Not the Charm
:
Updated:
Tennessee Court of Appeals Upholds Punitive Damage Award On Due Process Grounds But Then Reduces It Because It Exceeded the Ad Damnum Clause
:
Updated:
Tennessee’s Prior Suit Pending Doctrine
:
Updated:
Tennessee Defamation Law and Legislative Immunity
:
Updated:
Strange Facts, Familiar Ending — Another Tennessee HealthCare Liability Case Dismissed For Failure To Comply With The Notice Provision
:
Updated:
Tennessee Chiropractor Denied Direct Claim Against Tortfeasor’s Liability Insurer
:
Updated:
No Sale – No Liquor Liability in Tennessee
:
Updated:
Be Careful What You Ask For; You Just Might Get It
:
Updated:
Tennessee Health Care Liability Notice Statute and Its Interaction with the Savings Statute
:
Updated:
The “Error in Judgment” Rule Exposed – and Rejected
:
Updated:
Deceased Pro Se Litigant’s Lawyer-Spouse Cannot Represent Decedent Without Opening Estate
:
Updated:
Nashville Government Blames One Of Its Own Employees For Crash
:
Updated:
Another Tennessee Health Care Liability Case Dismissal For Notice Omission
:
Updated:
Jury Trials in Tennessee Tort Cases Declines Again
:
Updated:
Discovery of Information from Facebook Accounts in Personal Injury Cases
:
Updated:
Tennessee Injury Case and Medical Malpractice Case Filings Continue to Decline
:
Updated:
Tennessee Court of Appeals Does Not Award Attorneys’ Fees on Request to Admit Issue
:
Updated:
An Objection May Need To Be Asserted At Trial Even If A Motion in Limine Has Been Denied on the Issue
:
Updated:
Alabama Court Permits New Malpractice Trial After Defense Lawyer Violates Order
:
Updated:
Claim Against City of Memphis for Dangerous Pothole Rejected
:
Updated:
Essential Elements of a Malicious Prosecution Claim in Tennessee
:
Updated:
If You Tell The Judge You Want To Go Home, Don’t Be Upset When He Lets you (And You Lose)
:
Updated:
You Only Get One Shot with Tenn. Code Ann. § 20-1-119 – The 90-day Extension is Based on the Date of Filing of the First Answer
:
Updated:
Reassurances that Lawyer Would Fix Mistake Do Not Toll Legal Malpractice Statute of Limitations in Tennessee
:
Updated:
Book Collecting Tennessee Tort Reform Statutes and Related Case Law
:
Updated:
Nashville Tennessee Ordinance Has A Special Provision on Reckless Driving
:
Updated:
Tennessee Law and the Pre-Existing Injury Instrution
:
Updated:
Statutes of Repose and Comparative Fault in Tennessee
:
Updated:
Tennessee Court of Appeals Gives Guidance on Motions to Amend and Motions to Intervene
:
Updated:
Rhode Island Supreme Court Rejects Burn Injury Case – “Attractive Nuisance” Doctrine Not Applicable
:
Updated:
Tennessee Court of Appeals Explains How to Sue Someone Who Died After Causing Car Wreck
:
Updated:
Tennessee Court of Appeals Applies the Special Duty Exception to the Public Duty Doctrine and Affirms Dismissal of Case
:
Updated:
Put Away Your Checkbook: Rule 45 Does Not Authorize A Court To Hold Attorneys Personally Responsible For Costs Incurred In Producing Documents Pursuant To a Subpoena
:
Updated:
Tennessee Court of Appeals Rejects Claim For Intentional Interference with Business Relations
:
Updated:
Tennessee Court of Appeals Rules That Remittiturs Of 70% Or More Are Not Permitted
:
Updated:
Arbitration Agreements: What Constitutes Waiver And What Constitutes A Contract Of Adhesion?
:
Updated:
Failure of Court to Strike Juror For Cause Results in Reversal Of Health Care Liability Verdict
:
Updated:
Tennessee Supreme Court Reconciles Federal Rules on Voluntary Dismissal with Tennessee’s Three-Dismissal Rule
:
Updated:
Tennessee Standard for Reversal of a Verdict Based on a Bad Jury Instruction
:
Updated:
Suing the Wrong Defendant and Tennessee’s Relation Back Doctrine
:
Updated:
Tennessee Man Who Suffered Severe Injuries From Fall While Assisting Neighbor Granted Jury Trial
:
Updated:
Tennessee Supreme Court Holds Inmate Assault is not Foreseeable Per Se
:
Updated:
Motions to Alter or Amend and Notices of Appeal – Timing is Everything Under Tennessee Law
:
Updated:
Deadline for Filing Medical Malpractice Claims Against the Federal Government in Tennessee, Kentucky, Ohio and Michigan
:
Updated:
2012 Tennessee Medical Malpractice (Health Care Liability) Statistics – Part 2
:
Updated:
Defendant Doctor Denied Waiver of Contiguous State Rule for Expert Witness in Tennessee Medical Malpractice Case
:
Updated:
2012 Tennessee Medical Malpractice (Health Care Liability) Statistics – Part 1
:
Updated:
Death of Bob Gibbons, Texas Trial Lawyer
:
Updated:
Deliberate But Erroneous Choices Do Not Constitute Excusable Neglect for a Motion for New Trial in Tennessee
:
Updated:
Tennessee Nursing Home’s Arbitration Agreement Unenforceable
:
Updated:
“Tort Reform – The Song”
:
Updated:
Tennessee Tort Reform Statutes and Related Cases.
:
Updated:
Tennessee Medical Malpractice Filings Remain Level and Rare
:
Updated:
New Decision on Pre-Suit Notice in Tennessee Medical Malpractice Case
:
Updated:
“Substantial Compliance” and the Tennessee Health Care Liability Pre-Suit Notice Statute
:
Updated:
Widow Loses Right to Wrongful Death Proceeds Because of Tennessee Postnuptial Agreement
:
Updated:
Medical Malpractice Insurer Opposes Georgia Tort Reform Plan
:
Updated:
Attorneys’ Dispute Over Case Expenses Will Force Maryland Attorney to Defend Case in Tennessee
:
Updated:
Where Have You Been, John?
:
Updated:
Limited Duty Imposed on People Who Send Text Messages to Those Driving Cars and other Vehicles
:
Updated:
Can A Police Officer Sue a 9-1-1 Caller For Failure to Warn of Danger of Assault?
:
Updated:
Can You Strike Potential Jurors Because of Their Sexual Orientation?
:
Updated:
Thoughts About A Doctor Paying A Judgment in Quarters
:
Updated:
A Referral Service (And Others) Gets Sued By State Farm – Allegations of Improper Referrals to Plaintiffs’ Law Firms (And More)
:
Updated:
Tennessee Products Liability Statute of Repose Applied to Bar Claim
:
Updated:
Tennessee Medical Malpractice Cases – Information From the National Practitioner Data Bank
:
Updated:
A Comment on State v. Zimmerman
:
Updated:
An Important Change to the Tennessee Statute of Limitations That Affects the Rights of the Mentally Disabled
:
Updated:
Case Selection for Plaintiff’s Lawyers – 2013 Update
:
Updated:
Tennessee General Assembly Fixes One Small Problem With The Tort Reform Legislation
:
Updated:
Tennessee Law of Negligent Infliction of Emotional Distress
:
Updated:
Major Changes to Tennessee Wrongful Death Law – Death of a Spouse
:
Updated:
Tennessee Medical Malpractice Lawsuits Against Governmental Entities and Their Employees and the Notice Statute
:
Updated:
Important Medicare Subrogation Decision From the 9th Circuit Court of Appeals
:
Updated:
Claims That Trucking Companies May Have Against Pilot Flying J
:
Updated:
SVMIC – A Prediction on the Future of Defense of Medical Malpractice Cases
:
Updated:
SCOTUS Releases Opinion in ERISA Subrogation Case
:
Updated:
State Volunteer Mutual Insurance Company – 2012 Financial and Claims Data- A Follow-Up Post
:
Updated:
State Volunteer Mutual Insurance Company – 2012 Financial and Claims Data
:
Updated:
Tennessee Medical Malpractice Report Statistics – Verdicts and Settlements – 2011 – Part 1 of 4
:
Updated:
What Happens If a Minor Dies Before A Court Approves a Settlement of the Minor’s Personal Injury Case?
:
Updated:
Screw Public Health and Safety – We Need Jobs!
:
Updated:
Debunking Medical Malpractice Myths: Unraveling the False Premises Behind “Tort Reform”
:
Updated:
2011-12 Damage Awards in Personal Injury and Wrongful Death Cases in Tennessee
:
Updated:
Statistics on the Number of Personal Injury and Wrongful Death Jury Trials By County – 2011-12 – Part 2 of a Series
:
Updated:
Tennessee Personal Injury and Wrongful Death Statistics, 2011-12 – Part 1
:
Updated:
Surgical Errors
:
Updated:
NECC, Compounder Involved in Meningitis Cases, Files Bankruptcy
:
Updated:
Sixth Circuit Severely Limits FTCA Claims With Broad Interpretation of Discretionary Function Exception
:
Updated:
Illinois Supreme Court Recognizes Claim For Invasion of Privacy and Holds Employer Responsible For Acts of Non-Employee Private Investigator
:
Updated:
Kidney Transplant Doner Does Not Have Malpractice Claim Against Kidney Donee’s Doctor
:
Updated:
Medical Malpractice Victims: Denied Access to Justice
:
Updated:
Fungal Meningitis Outbreak: Tort Reform Legislation Sponsor Still Doesn’t Get It.
:
Updated:
Fungal Meningitis Outbreak: Do Those Who Received Contaminated Steroids But Who Do Not Get Fungal Meningitis Have A Claim for Damages Under Tennessee Law?
:
Updated:
Understanding Basic Medical Tests
:
Updated:
Fungal Meningitis, Tort Reform, and Damages in Tennessee Personal Injury and Wrongful Death Cases
:
Updated:
Who Has Legal Liability Arising From the Fungal Meningitis Outbreak?
:
Updated:
Plaintiff’s Claim of Damages for Pain and Suffering Do Not Open Door to a Rule 35 Psychological Examination
:
Updated:
SCOTUS Takes Medicaid Subrogation Case
:
Updated:
Justice Programs Seminar
:
Updated:
8th Circuit: Law Firm Cannot Be Sued For Failure to Hold Money to Satisfy ERISA Subrogation Interest
:
Updated:
Landlord’s Common Law Duty to Alleviate Known Dangers Includes Dangers Posed By Vicious Dogs
:
Updated:
Best Practices for Defense of Corporate Depositions
:
Updated:
Use of Functional Magnetic Resonance Imaging To Prove that A Witness is Not Lyiing Not Admitted Into Evidence
:
Updated:
The “Certificate of Good Faith” Requirement in Tennessee Medical Malpractice (Health Care Liability) Lawsuits
:
Updated:
Case Law on Pre-Suit Notice Requirement in Tennessee Health Care Liability (Medical Malpractice) Cases
:
Updated:
Tennessee Lawyers Beware! Legal Research Issue
:
Updated:
Distribution Of Net Wrongful Death Proceeds in Tennessee
:
Updated:
Lawyers Without Legal Malpractice Insurance
:
Updated:
Federal Courts Issue Revised Jury Instructions on Social Media
:
Updated:
7th Circuit Finds Expert Testimony for Plaintiff Admissible in Products Liability Claims
:
Updated:
Declarations Can Now Be Used in Lieu of Affidavits in Tennessee State Courts
:
Updated:
Missouri Supreme Court Strikes Down Damage Caps
:
Updated:
Juror Misconduct: Social Networking
:
Updated:
Does A Severely Injured Plaintiff Have A Right to Be in The Courtroom?
:
Updated:
AAJ Sponsors Case Planning Workshop – Discount Available
:
Updated:
Supreme Court to Review ERISA Subrogation / Reimbursement Rights
:
Updated:
Judicial Notice of Google Map
:
Updated:
Tennessee Attorney General Opines on Constitution’s “Open Courts” Provision
:
Updated:
Tennessee Attorney General Addresses Two Issues Arising in the Tennessee Civil Justice Act of 2011
:
Updated:
9th Circuit Limits Rights of ERISA Health Insurer
:
Updated:
Defendant’s Attempt to Keep Trial Evidence Secret Rejected by Oregon Supreme Court
:
Updated:
Medicare Issues Proposed Rules on “Future Medicals”
:
Updated:
Kentucky Judge Shares Thoughts About Lawyer Suicide
:
Updated:
Physician Supply Not Impacted By Restrictions on Medical Malpractice Victims Rights
:
Updated:
Utah Supreme Court Comes Down Hard On Lawyer Who Violates Order On Motion In Limine
:
Updated:
Plaintiff’s Lawyer in Dog Bite Case Claims Injury is Worth $30,000,000
:
Updated:
Herpes Verdict Proves Adage May Be True
:
Updated:
“They Left A Sponge In Me!”
:
Updated:
2012 Legislation of Interest to Tennessee Personal Injury Lawyers – Part 2
:
Updated:
Tennessee Supreme Court Discusses Federal Preemption and Discretionary Function Immunity Under the GTLA
:
Updated:
New Tennessee Opinion on Filing Proof Of Service of Summonses Increases Risk on Plaintiff’s Lawyers
:
Updated:
Truisms in Cross-Examination
:
Updated:
Attorney Sued for Failing To Protect Subrogation Interest; Ordered to Re-Pay Trust Account Pending Outcome of Case
:
Updated:
Lawsuits Against John Travolta Are Foolish
:
Updated:
2012 Legislation of Interest to Tennessee Personal Injury Lawyers
:
Updated:
Tennessee Comparative Fault Law is 20 Years Old Today!6
:
Updated:
Article on T.C.A. Section 20-1-119 and the Mills Decision
:
Updated:
Pit Bulls Declared Inherently Dangerous in Maryland
:
Updated:
Medical Malpractice Paid Claims Continue to Drop
:
Updated:
Tennessee Court Waives Compliance With “Contiguous State” Rule for Expert Witness in Medical Malpractice Case
:
Updated:
“1-800-Ask-Gary” Lawyer Referral Network
:
Updated:
Tennessee Court Discusses Whether Expert is Qualified to Speak to Defendant’s Standard of Care Under Locality Rule
:
Updated:
ALEC Exposed
:
Updated:
Judgments Arising From Intentional Torts Are Not Dischargeable In Bankruptcy
:
Updated:
Is There a Limit on Damages Recoverable in Tennessee Personal Injury and Wrongful Death Cases?
:
Updated:
Jury Instruction Social Networking
:
Updated:
Punitive Damages in Automobile Accidents Involving Reckless Driving in Tennessee
:
Updated:
Tennessee Construction Statute of Repose Not Tolled For Minors
:
Updated:
Will A Special Needs Trust Trump An ERISA Subrogation Interest?
:
Updated:
Argument of Validity of Caps in Medical Malpractice Cases in Florida
:
Updated:
Tennessee Senate Rejects Changes to Law That Would Have Essentially Eliminated Punitive Damage Recoveries
:
Updated:
Evaluation of Expert Witnesses in Tennessee and the Sixth Circuit
:
Updated:
Medical Malpractice Case Filings Still Below Pre-Tort Reform Levels
:
Updated:
What Is A Life Worth?
:
Updated:
Taming “Rambo”
:
Updated:
Expert Witness Qualifications in Tennessee Medical Malpractice Case
:
Updated:
Who Has The Right To Bring A Wrongful Death Claim Arising From a Truck Accident in Tennessee?
:
Updated:
Sixth Circuit Court of Appeals Discusses the Law of Lost Earning Capacity
:
Updated:
HR 5 – LImiting Patient Rights in Medical Malpractice Cases – Passes U.S. House
:
Updated:
The Impact of The Passage of Time on the Ability to Prove Causation
:
Updated:
Will I Go To Jail For Lying on Interrogatory Answers?
:
Updated:
Debunking the Myth: The Poor Do Not File More Medical Malpractice Cases
:
Updated:
SVMIC Enjoys More Financial Success
:
Updated:
Pretrial and Trial Agreements – Saving Money Through Thinking and Planning
:
Updated:
New Expert Witness Background Search Service
:
Updated:
Parents Sue for Wrongful Birth of Child With Cystic Fibrosis. What Would Happen in Tennessee?
:
Updated:
Retailers Escape Responsibility for Injuries and Deaths From Dangerous Foreign-Made Products
:
Updated:
Virtual Focus Groups
:
Updated:
Alabama Holds That Wrongful Death Law Protects Unviable Fetus – Tennessee Law Does Not
:
Updated:
Tennessee Medical Malpractice Insurance Rates for Doctors Decline Again
:
Updated:
All You Want to Know About Bed Bugs and the Law
:
Updated:
What is the Chance of the Tennessee Supreme Court Accepting a Rule 11 Application?
:
Updated:
Connecticut Court Sets High Bar for Reversal After Proof of Discovery Misconduct
:
Updated:
New York Attacks Junk Science Used in Defense of Brachial Plexus Case
:
Updated:
Deterrence and the Tort System
:
Updated:
Checklist For Avoiding Traps on Cross-Examination
:
Updated:
Tennessee Counties With No Jury Verdicts for Plaintiffs
:
Updated:
$1,000,000 Verdicts in Tennessee Tort Cases
:
Updated:
Damage Awards Decline Substantially in Tennessee Tort Cases
:
Updated:
Number of Jury Trials Continues to Decline in Tennessee Tort Cases
:
Updated:
Personal Injury Filings Decline Again in Tennessee
:
Updated:
Damages for Death or Serious Injury of a Homemaker
:
Updated:
Arkansas Supreme Court Limits Legislature’s Efforts To Determine Who Can Testify As An Expert
:
Updated:
Burger With Everything – Hold the Loogie
:
Updated:
Witness Preparation
:
Updated:
Federal Rules of Evidence Restyled – Free PDF
:
Updated:
Waiver of Claim for Economic Loss Contributes to Significant Verdict
:
Updated:
Hand-held Cell Phone Use Banned in Interstate Trucks and Buses
:
Updated:
Evaluating Chest Pain in the Emergency Room
:
Updated:
The Law of Indivisible Injury
:
Updated:
Softball Catcher Held to Assume Risk of Injury From Collision at Plate
:
Updated:
Trial Techniques Article
:
Updated:
Defense Costs in Medical Malpractice Cases
:
Updated:
Products Liability Case Alleging Failure of Vehicle to Have Rear Camera or Back-Up Sensors To Proceed
:
Updated:
The Importance of Citing Adverse Precedent
:
Updated:
Understanding Brain Injuries – For Lawyers and Juries
:
Updated:
Medical Malpractice Caps Hurt Patients
:
Updated:
Will We Have Prosthetic Eyes That Can See?
:
Updated:
Plaintiffs Fall Down Hard in Two Cases Against Louisville Ladder
:
Updated:
Ford Found Liable for Rollover Crash
:
Updated:
Missouri Examining Constitutionality of Cap on Punitive Damages
:
Updated:
Why Brain Damage Occurs in Premature Births
:
Updated:
Third Circuit Says Equity Applies to Subrogation Rights Under ERISA Plan
:
Updated:
Medical Malpractice Tort Reform in Texas
:
Updated:
Applying the Duty of Good Faith and Commercial Reasonableness to Silent Consent Clauses
:
Updated:
Response to AggieSpirit
:
Updated:
New York Court Limits Access to Facebook Data
:
Updated:
Verdict Affirmed in Table Saw Injury Case – Saw Lacked “Saw Stop” Technology
:
Updated:
Tragic Wrongful Death Case Arising Our of Plane Crash Correctly Decided
:
Updated:
Herman Cain and Secret Settlements
:
Updated:
Day on Torts: 2000 Entries
:
Updated:
Republicans and Their Never-Ending Efforts To Find Jobs for Our Citizens
:
Updated:
Using PowerPoint At Trial? Watch This.
:
Updated:
Day on Torts Nominated for Top 25 Tort Blogs Award
:
Updated:
Plaintiff’s Attorney in Wrongful Death Case Owed Duty to Minor Beneficiaries
:
Updated:
Comment on Post on Becoming a Good Lawyer from Associate’s Mind
:
Updated:
Suit Against Horse Owner Must Include Proof of Negligence
:
Updated:
Discovery of Confidential Settlement Agreements
:
Updated:
Do You Need An Appellate Lawyer At Trial?
:
Updated:
New York Court of Appeals Rules That Bus Seat Belt Claims Were Not Preempted
:
Updated:
Own Cows, Oxen or Buffalo? Tennessee Says You Get Special Legal Protection
:
Updated:
Lawyers’ Fight Over Fen-Phen Fees Near End
:
Updated:
Twelve Steps To Avoid Summary Judgment on a Fact Issue
:
Updated:
Brief Seeking Recovery of Medical Expenses Charges Under Tennessee’s Medical Malpractice Law
:
Updated:
The Common Fund Doctrine and Med Pay Claims
:
Updated:
Tennessee’s New Dog Bite Law Protects Motorcyclists, Too.
:
Updated:
What Is Going Wrong With Patient Safety in Health Care?
:
Updated:
Nice Article About “Trial Lawyers Care”
:
Updated:
The Advice Goddess Takes on the TSA
:
Updated:
He Killed His Momma But Is Permitted to Sue His Psychiatrist?
:
Updated:
What Would The State Of Tennessee’s Liability Be If The Indiana State Fair Tragedy Happened in Nashville?
:
Updated:
General Contractor Liability for Subs
:
Updated:
Insurance Agent: Professional or Salesperson?
:
Updated:
CCL Wins Victory in Louisana – Med Mal Damages Caps Declared Unconstitutional
:
Updated:
Florida Supreme Court to Evaluate Constitutionality of Damage Cap in Medical Negligence Cases
:
Updated:
Kentucky Jury Throws Out Claim of Wrongful Penis Amputatiion
:
Updated:
Government Cannot Be Sued For Emotional Distress Suffered By Mother Who Was Mistakely Told Her Solider Son Was Dead
:
Updated:
Liability of A General Contractor for the Acts of a Subcontractor
:
Updated:
Proposed 2012 Changes to the Tennessee Rules of Procedure and Evidence
:
Updated:
Lawyer Alleges That False Medical Article is Being Used to Defeat Brachial Plexus Injury Cases
:
Updated:
Baxter Lawyer Taped Trying to Get Opposing Expert to Leave Town
:
Updated:
Big Firm Associate Sues – Says He Was Fired For Being Too Intelligent
:
Updated:
California Supreme Court Limits Medical Expense Recovery to Amount Paid By Insurer
:
Updated:
Iowa Rules That The Dead Cannot Be Sued for Punitive Damages
:
Updated:
New Data on Medical Malpractice Claims
:
Updated:
Fee Petitions in {Personal Injury Cases Involving Minors In Tennessee
:
Updated:
Reasonable and Necessary Diagnostic Tests Must Be Awarded By Jury in Personal Injury Case
:
Updated:
Use of Internal Policies Can Be Used to Prove Violations of Reasonable Care
:
Updated:
Cross-Examination Blog
:
Updated:
Fainting Juror Helps Settle Case
:
Updated:
Can You Wing It At A Deposition?
:
Updated:
Can An Insurance Company Bring a Legal Malpractice Claim Against Defense Counsel It Hired For Its Insured?
:
Updated:
Does the Privilege Still Apply if Non-Clients Were In The Room During the Conversation Between Counsel and Client?
:
Updated:
Worker’s Compensation Liens for Future Medical Bills
:
Updated:
Handwriting Expert for Jury Selection?
:
Updated:
The Truth of Medical Malpractice Litigation
:
Updated:
The Facebook Problem
:
Updated:
Twombly and Iqbal Do Not Apply in Tennessee State Courts
:
Updated:
Are There More Errors in Hospitals in July?
:
Updated:
Hot Coffee – The Movie
:
Updated:
Defense Lawyers Call for Changes to the Federal Rules of Civil Procedure
:
Updated:
The Vanishing Jury Trial
:
Updated:
No Cause of Action for Spoliation of Evidence in South Carolina
:
Updated:
Nevada Supreme Court Affirms Sanction of Striking Liability Defense Because of Discovery Abuse
:
Updated:
Ten Ways to Avoid a Legal Malpractice Claim
:
Updated:
Kentucky Supreme Court Holds That Personal Injury Plaintiff Lost Privilege By Claiming Mental Injury
:
Updated:
A Surplus of New Lawyers
:
Updated:
Telephone Triage and Patient Safety
:
Updated:
Assumption of the Risk Cannot Be Used in Defense of an Amusement Park Case
:
Updated:
Making Sure the Jury Sees and Hears Your Evidence
:
Updated:
SCOTUS Releases Opinion on Specific Jurisdiction
:
Updated:
Use of Technology For Jury Selection
:
Updated:
Consulting on a Budget
:
Updated:
West Virginia Supreme Court Fails to Strike-Down Damage Caps
:
Updated:
Value of Knee Injury Cases
:
Updated:
Thinking About Safety When Conducting A Cross-Examination
:
Updated:
Advice From Jurors
:
Updated:
Lawyers and Others Sued For Defamation by New Lawyer
:
Updated:
Tennessee Tort Reform Act
:
Updated:
Lawyer Gets Blasted by Judge
:
Updated:
John Stossel: ” I’d Rather Sue Than Fight”
:
Updated:
Death by Medicine
:
Updated:
Max Kennerly Does It Again
:
Updated:
Negligent Security at Hotels, Motels, Apartment Complexes and Other Places
:
Updated:
A Look Back: “Very, Very Modestly”
:
Updated:
American Medical Association Applaudes Lawyers and Use of The Justice System
:
Updated:
Tennessee Legislative Update 2011 – Worker’s Comp Legislation
:
Updated:
Smoking Gun Memo Shows Up in Asbestos Trial
:
Updated:
The Scope of Expert Testimony in Tennessee
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Updated:
Tennessee Legislative Update – 2011 – Bicycle Safety
:
Updated:
ALI Adopts Restatement Provision on Liability of Those Who Hire Independent Contractors
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Updated:
Tennessee Legislative Update – 2011
:
Updated:
Tort Reform Legislation Passes House and Senate
:
Updated:
Tennessee Adopts New Rules – Part 2
:
Updated:
Tennessee Adopts New Rules – Part 1
:
Updated:
SVMIC Financial Results – 2010
:
Updated:
Givers, Takers and the AAJ Leaders Forum Program
:
Updated:
Jury Questionaires
:
Updated:
The Effect of a Stipulation
:
Updated:
New Local Rule in Middle District of Tennessee Federal Court on Use of Electronic Devices
:
Updated:
Cross-Examination Handbook: A Review
:
Updated:
Admissibility of Third-Party Video Evidence
:
Updated:
Senator Overbey Defends the Legal Profession
:
Updated:
Tennessee Supreme Court Agrees To Hear Important Case Concerning Expert Witnesses
:
Updated:
Re-Payment of Health Insurance Plans Covered by ERISA
:
Updated:
Court of Appeals Modifies Herpes Verdict
:
Updated:
Lawyer In Fee Dispute Should Have Sued Client, Not Former Co-Counsel
:
Updated:
Pigeon Poop Expert
:
Updated:
Anti-Tort Reform Article
:
Updated:
Truck Driver Has A Duty Not To Park Along Roadside
:
Updated:
Personal Injury Claims and Bankruptcy Petitions
:
Updated:
Alabama Decision on Jury Selection Sends A Warning to All Trial Lawyers
:
Updated:
The Tennessee Jury Verdict Reporter Year in Review – 2010 Part 2
:
Updated:
The Tennessee Jury Verdict Reporter Year in Review – 2010
:
Updated:
Why Is It That Tort Reformers Can’t Shoot Straight With the Public?
:
Updated:
SCOTUS Allows Lawsuits Over Seat Belts
:
Updated:
Arizona Court Holds That Medical Expense Claims Belong to Child and Parents
:
Updated:
Secret Memo Found in Hotel Bar
:
Updated:
Application of Comparative Fault to Economic Loss
:
Updated:
Governor’s Tort Reform Bill Introduced
:
Updated:
Ohio Speaks Out on Settlement Proposals Requiring Plaintiff’s Lawyers to Indemnify Opposing Parties
:
Updated:
Patients Are Dying From Unheard Alarms
:
Updated:
Hot Off the Press: Medical Malpractice and the President
:
Updated:
Mississippi Supreme Court Strikes Jury Verdict for Plaintiff Because of Failure to Supplement Expert Witness Disclosure
:
Updated:
Adjuster v. Lawyer
:
Updated:
Hospitals Fail to Follow-Up on Test Results
:
Updated:
Doctor Turned Congressman Has A History of Malpractice Cases
:
Updated:
Adverse Event Protocol in Anesthesia
:
Updated:
Discovery Of an Expert’s Income From Testifying
:
Updated:
Preventing and Management of Operating Room Fires
:
Updated:
Lies, Damn Lies and Medical Malpractice Reform
:
Updated:
2010 Medical Malpractice Reports Due March 1, 2011
:
Updated:
Improper Closing Argument on Uncalled Witness Constitutes Reversible Error
:
Updated:
Judgment Affirmed in Land Rover Rollover Case
:
Updated:
ProAssurance Profits Continue to Climb
:
Updated:
State of Tennessee Litigation Statistics From the AOC Annual Report – Part 5
:
Updated:
State of Tennessee Litigation Statistics From the AOC Annual Report – Part 4
:
Updated:
Statistics on Tort Cases From the 2009-10 AOC Annual Report on the Judiciary – Part 3
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Updated:
More Statistics on Tort Cases From the 2009-2010 AOC Annual Report on the Judiciary
:
Updated:
State of Tennessee Litigation Statistics From the AOC Annual Report
:
Updated:
First Defamation Case Arising From A Tweet Goes to Trial
:
Updated:
From Max Kennerly: Philosophy Explains How Legal Ethics Turn Lawyers Into Liars
:
Updated:
Important Decision on Removal of Tort Cases to Federal Court
:
Updated:
Seat Belt Preemption Case Before SCOTUS
:
Updated:
Lawyer Pay
:
Updated:
Jury Selection Software for iPad
:
Updated:
Uninsured Motorist Article Published in the TBA Journal
:
Updated:
Upcoming TBA Speech – January 5, 2011 Noon CST
:
Updated:
Food Safety Bill Close to Becoming Law
:
Updated:
How to Wrap-Up a Cross-Examination
:
Updated:
Jurors on the Internet
:
Updated:
Federal Judge Rules That Certificate of Good Faith Must Be Filed in FTCA Med Mal Cases
:
Updated:
Office Move
:
Updated:
Client Money in Lawyer’s Trust Account Held To Be Asset of Client
:
Updated:
Another Take On Litigation Funding
:
Updated:
Plaintiff Can Recover Full, Undiscounted Medical Bills in Colorado
:
Updated:
Juror Mistake Costs Plaintiff Money
:
Updated:
Litigation Funding – Its Not Just For Tort and Commercial Litigation Cases Anyone
:
Updated:
Surveillance Videos Admitted Into Evidence Despite Claim of Unfair Prejudice
:
Updated:
Drugs and Drivers
:
Updated:
NY Times: “Study Finds No Progress in Safety at Hospitals”
:
Updated:
Thoughts on Mediation
:
Updated:
AAJ Seminar on Changes to Medicare Subrogation Reporting Rules
:
Updated:
Preparing for Oral Arguments in the Appellate Courts
:
Updated:
Medicare Reporting Rules Temporarily Abated
:
Updated:
Justice Programs Seminar in Nashville on November 18 and 19
:
Updated:
Tennessee Medical Malpractice Statistics – Successful Claims Against Physicans
:
Updated:
State Volunteer Mutual Insurance Company’s Profits Explode
:
Updated:
Medical Malpractice Insurer Slashes Rates
:
Updated:
Tennessee Medical Malpractice Case Filings – Part 4
:
Updated:
Tennessee Medical Malpractice Case Filings – Part 3
:
Updated:
Justice Programs Seminar – Johnson City – This Week
:
Updated:
Tennessee Medical Malpractice Case Filings 2010 – Part 2
:
Updated:
Iqual and Twombly Impact Pleading Standards Under FRCP Rule 8
:
Updated:
Justice Programs Seminar 2011
:
Updated:
Tennessee Medical Malpractice Case Filings 2010 – Part 1
:
Updated:
Duty of Rental Car Companies to Check Driving Record of Renters
:
Updated:
Lawsuits Arising From Participation in Athletic Activities
:
Updated:
Tennessee Medical Malpractice Filings 2010 – Part 1
:
Updated:
Tennessee Medical Malpractice Filings 2010 -Part 3
:
Updated:
Tennessee Medical Malpractice Case Filings 2010 – Part 4
:
Updated:
Do Auto Safety Standards Save Lives?
:
Updated:
Vehicle Crashes, Death and Injuries Continue to Decline
:
Updated:
Cost of Auto Accidents
:
Updated:
A Great Tip on Opening Statements
:
Updated:
How To Help Jurors Remember Important Facts
:
Updated:
Brain Trauma – A Lifelong Problem
:
Updated:
Important Medicare Subrogation Decision
:
Updated:
NEJM Editor Asks: Is Academic Medicine for Sale?
:
Updated:
Electronic Service of Papers Now Permitted in State Court
:
Updated:
Medical Errors
:
Updated:
Data on Tennessee Hospitals
:
Updated:
Bill Haslam’s Health Care Commercial
:
Updated:
Per Diem Arguments
:
Updated:
Rita’s Rules for Email (With Comments and Additions by John)
:
Updated:
Effective Use of Depositions at Trial
:
Updated:
Making Adjustments at Trial
:
Updated:
Wrongful Death of Children in Foster Care
:
Updated:
Googling Potential Jurors
:
Updated:
Motor Vehicle Injuries and Deaths Decline
:
Updated:
Adobe Online Digital Signing Service
:
Updated:
Private Investigator Privilege
:
Updated:
NPR Article: ” Costs of Defensive Medicine May Be Overstated”
:
Updated:
Justice Programs Seminar 2010
:
Updated:
Medicare Reporting as of October 1, 2010
:
Updated:
Pattern Jury Instructions
:
Updated:
New Rule Change – Service By Email
:
Updated:
Tennessee Trial Law Report – Tort Law Edition
:
Updated:
An Example of Why Texting While Driving is a Bad Idea
:
Updated:
New Jersey Spoliation Opinion
:
Updated:
Judge Calls Down Lawyers For Deposition Misconduct
:
Updated:
State of Tennessee Has Subrogation Rights for Payments Made to Crime Victims
:
Updated:
Sex Abuse Cases Against Therapists
:
Updated:
Thanks for the Book Orders
:
Updated:
Nashville Bar Association Speech
:
Updated:
Doctors in Thailand Voice Common Arguments Against Being Held Accountable for Errors
:
Updated:
New Scheme For Charging for Medical Records
:
Updated:
Changes to Tennessee Worker’s Compensation Law
:
Updated:
Pool Alarms To Be Required in Some Tennessee Swimming Pools
:
Updated:
“Do Not Vote For My Dad!”
:
Updated:
Trying Medical Malpractice Cases in Nashville
:
Updated:
Visiting The Scene
:
Updated:
Leading Tennessee Tort Cases – Charitable Immunity – Generally
:
Updated:
Taking the Warning Thing A Little Too Far
:
Updated:
Tennessee Legislative Changes – 2010
:
Updated:
Tennessee Legislative Update – 2010
:
Updated:
SVMIC Financial Results – 2009
:
Updated:
Suit Against Google Maps Falls Short on Causation Element
:
Updated:
Tennessee Court of Appeals Uses Photographs in Opinion
:
Updated:
Trial Fusion Software
:
Updated:
New Book in the Mail
:
Updated:
A Post From the Past
:
Updated:
SVMIC Slashes Medical Malpractice Insurance Rates Effective May 15, 2010
:
Updated:
Preventing Pressure Sores
:
Updated:
“Stop Me Before I Masturbate to Death”
:
Updated:
Creating Hyperlinks in Abode PDFs
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Updated:
Tennessee Legislation – 2010
:
Updated:
SCOTUS To Consider Seatbelt Preemption Case
:
Updated:
Tennessee Municipal Codes and Charters
:
Updated:
Fourth Circuit Remands Case That Slashed Contingent Fee
:
Updated:
A Conversation With A Doctor Who Wanted To File A Malpractice Case
:
Updated:
Don’t Do That
:
Updated:
Tennessee County Maps
:
Updated:
Tennessee Trial Judge Statistics
:
Updated:
Slight Delay on Shipping 3rd Edition of Day on Torts
:
Updated:
A Court Calls Out a Jerk
:
Updated:
Ohio Permits Evidence of Write-offs Of Medical Bills
:
Updated:
Gulf Oil Spill: The Impact of Damage Caps Will Be Felt By Tens of Thousands
:
Updated:
Oprah Lends Support to Safe Driving Practices
:
Updated:
Johnson and Johnson Issues Massive Product Recall
:
Updated:
Wrongful Death Claims in Tennessee
:
Updated:
Detecting Non-Answers During Cross-Examination
:
Updated:
FHWA Adopts the 2009 Manual on Uniform Traffic Control Devices
:
Updated:
Motorcycle Deaths Decline
:
Updated:
“Hospital, We Have a Problem”
:
Updated:
A Fix to The Problem of Dealing With Medicare
:
Updated:
“A Remedy for Troubled Doctors”
:
Updated:
Is Your Client on Facebook?
:
Updated:
Death of Dan Pollitt
:
Updated:
Corporate Fines and Justice
:
Updated:
“It’s About the Jury, Stupid”
:
Updated:
Litigating Medical Negligence and Injured Infant Cases
:
Updated:
Luvera on David Ball’s Book
:
Updated:
Growing on the Vine: Maximizing Profitability in Changing Times
:
Updated:
Products Liability Judgment Against Ford Reversed
:
Updated:
Handling Bar Complaints
:
Updated:
“Tennessee Jury Verdict Reporter” Statistics – Part 4
:
Updated:
Medical Helicopter Crash Near Brownsville, TN
:
Updated:
Day on Torts: Leading Cases in Tennessee Tort Law
:
Updated:
“Tennessee Jury Verdict Reporter” Statistics – Part 3
:
Updated:
Rule Change in State Court – Service of Pleadings and Papers By Electronic Mail
:
Updated:
Georgia Supreme Court Strikes Down Damages Cap in Medical Malpractice Cases
:
Updated:
“Tennessee Jury Verdict Reporter” Statistics – Part 2
:
Updated:
Motions To Strike Insufficient Affirmative Defenses
:
Updated:
“Tennessee Jury Verdict Reporter” Statistics – Part 1
:
Updated:
Form Protective Order For Use in Products Liability Case
:
Updated:
More Proof that the Big Lie is a Big Lie: Medical Malpractice Payments Continue to Fall
:
Updated:
SCOTUS Will Hear Vaccine Case
:
Updated:
Helpful Checklist for Determining Whether A Person is an Independent Contractor or an Employee
:
Updated:
CA Court Says Witness Interviews Not Privileged Work Product
:
Updated:
Death of Howard Twiggs, Trial Lawyer
:
Updated:
The Tort Reform Movement – Naked
:
Updated:
Online Accident Reports
:
Updated:
Younger’s 10 Commandments of Cross Examination
:
Updated:
Lawyer Speaks Out About Allstate Insurance Company
:
Updated:
Tips for Managing Witnesses
:
Updated:
Patient Rights and Health Care Reform
:
Updated:
New Decision on Diversity Jurisdiction
:
Updated:
Secret Settlements Seminar
:
Updated:
Hospital Acquired Infections in the News
:
Updated:
Tennessee Personal Injury Client Advice
:
Updated:
Federal Rules of Evidence PDF
:
Updated:
Product Manufacturer Cannot Use Release Against Consumer
:
Updated:
2009 Medical Malpractice Claims Reports Due March 1, 2010
:
Updated:
How Much Do ER Patients Pay to Protect Themselves from Malpractice of ER Doctors? You Won’t Believe It.
:
Updated:
Suggested Jury Instructions to Warn Jurors About Accessing the Internet and Social Media
:
Updated:
Tennessee Jury Trials in Tort Cases by the Numbers
:
Updated:
Kentucky Lawyers Sued By Client
:
Updated:
Tennessee Nursing Homes – 5th Worst in United States
:
Updated:
The Ref is a Jerk! Can I Sue?
:
Updated:
Legislators Propose Caps on Damages Recoverable in Medical Malpractice Cases
:
Updated:
Tennessee Medical Malpractice Claims Report – 2008
:
Updated:
Tennessee Adult Protection Act
:
Updated:
Truck Drivers – No More Texting
:
Updated:
2009 Medical Malpractice Claims Report Released
:
Updated:
Tennessee Injury Claims Against Foster Parents
:
Updated:
Tip Concerning Trying Cases Away From Home
:
Updated:
Distraction.Gov – A Website About Distracted Driving
:
Updated:
Proposed Consumer Product Safety Commission Database Concerns Product Liability Defense Lawyers
:
Updated:
A Wise Word From a Wise Lawyer: “Always Draft Angry Briefs. Never File Them.”
:
Updated:
Doctors and Hospitals Seek Special Treatment for Emergency Room Malpractice
:
Updated:
List of Themes For Use at Trial
:
Updated:
Organizing for Trial
:
Updated:
1,600,000 Crashes From Cell Phone Use and Texting While Driving
:
Updated:
Lawyer Advertisement From Texas
:
Updated:
Thinking About the Unexpected When Preparing for Trial
:
Updated:
Day on Torts: A Handbook for Tennessee Tort Lawyers
:
Updated:
Great Blog Posts About Findlaw’s Blogs
:
Updated:
Ice, Snow and Premises Liability in Tennessee
:
Updated:
Choice of Words at Trial and Deposition
:
Updated:
Tennessee Data From the National Practioners Data Bank
:
Updated:
New Local Rules in Memphis
:
Updated:
Nevada Supreme Court Restricts Lawsuits Against Pharamacies
:
Updated:
Legal Malpractice Case – An Oldie But a Goodie
:
Updated:
Ambulance Driver Crashes Into TDOT Help Truck – Is There an Incapacitated Driver Defense?
:
Updated:
Tennessee AOC Releases 2008-09 Annual Report of the Tennessee Judiciary
:
Updated:
Economic Loss Rule Applied in South Carolina Truck Fire Case
:
Updated:
Social Networking and its Impact on Trials
:
Updated:
Problem Nurses Move From State to State
:
Updated:
Writing Appellate Briefs
:
Updated:
Use of Notes At Trial
:
Updated:
Physicians in the United States Less Likely to Use Health Information Technology
:
Updated:
Memphis Lawyer Bites Nose of Hair Stylist in Restroom of Memphis Bar
:
Updated:
New Federal Rules of Civil Procedure
:
Updated:
Should You Call A Witness a Liar?
:
Updated:
Court Imposes Sanctions for Failure To Follow Rules Concerning Citation to the Record
:
Updated:
Court Blocks Effort to Withdraw Fifth Amendment Assertion at Civil Trial
:
Updated:
Settlement Mills
:
Updated:
Fatal Car and Truck Crashes By Young Drivers
:
Updated:
Debt Collector Blamed in Wrongful Death Lawsuit
:
Updated:
Medical Malpractice Insurance Rates
:
Updated:
Alcohol Impaired Drivers Continue to Kill
:
Updated:
Maine’s Senator Snowe Introduces Legislation To Require Malpractice Victims Go to Expense and Time Delay of Medical Screening Panels Before A Jury Trial
:
Updated:
Wal-Mart Wins Suicide Case in Illinois
:
Updated:
When to Evaluate for a Hypercoagulable State
:
Updated:
Senate Defeats Effort To Limit Access to the Courthouse by Medical Malpractice Victims
:
Updated:
Court Erred in Ordering Release of Medical Records
:
Updated:
A New Way of Looking at Duty and Causation
:
Updated:
Does Ms. Tiger Woods Have A Tort Claim Against the Other Woman?
:
Updated:
Free Software for Trial Lawyers
:
Updated:
Defendant’s Discovery Abuse Results in Default Judgment of $8,000,000, Plus Fees
:
Updated:
AAP Issues Expert Witness Policy
:
Updated:
Sources for Closing Argument Stories
:
Updated:
New Medical Malpractice Case Filing Statistics
:
Updated:
“Old Warriors”
:
Updated:
The Boss in Nashville
:
Updated:
HealthGrades Sixth Annual Patient Safety in American Hospitals Study
:
Updated:
Rule of the Week – T.R.E. Rule 104(a)
:
Updated:
Motorcoach Safety Action Plan
:
Updated:
Party Planning For Tort Lawyers
:
Updated:
Justice Programs Seminar in Nashville on November 19 and 20
:
Updated:
Inflatable Seat Belts?
:
Updated:
Motorcycle Deaths and Injuries
:
Updated:
Tort Cases Pending Before the Tennessee Supreme Court
:
Updated:
Seat Belt Use Continues to Increase
:
Updated:
Thoughts About Subrogation
:
Updated:
Precise Fix for Defect in Toyotas Still Unknown
:
Updated:
Duty to Rescue Created By Statute
:
Updated:
More on Dangers of Texting While Driving
:
Updated:
Tort Cases Pending Before the Tennessee Supreme Court – Physician Assistants
:
Updated:
Texas Supreme Court Weighs In On Collectability Issue in Legal Malpractice Cases
:
Updated:
Rhode Island Hospital Cannot Get It Right
:
Updated:
Nashville Annual Review For Civil Trial Practioners Only Two Weeks Away
:
Updated:
Upcoming AAJ Seminar
:
Updated:
Commercial Appeal Writes About Medical Malpractice Litigation
:
Updated:
Lawsuit Against Pharmacists For Filling Prescriptions for Known Drug Abuser
:
Updated:
Thinking About the Lack of a Duty to Rescue
:
Updated:
Death of John O’Quinn
:
Updated:
Another Sanction for Misconduct
:
Updated:
Putting Medical Malpractice Insurance Costs in Perspective
:
Updated:
Handling a Products Liability Case on the Fly
:
Updated:
New Time Periods in Federal Court
:
Updated:
Sloppy Citation Costs Lawyer Money
:
Updated:
New Medical Malpractice Filing Numbers
:
Updated:
Liability in the Sweat Lodge Case
:
Updated:
Rule of the Week – T.R.C.P. Rule 5
:
Updated:
Will Rush Apologize? Will Al Sharpton Sue if Rush Does Not?
:
Updated:
Organizing Evidence for the Jury
:
Updated:
Board Certification in Medical Malpractice
:
Updated:
More Tips From Paul Luvera
:
Updated:
Rule of the Week – T.R.C.P. 43.04
:
Updated:
Mistrial and Sanctions Affirmed When Lawyer Violates Order on Motion in Limine
:
Updated:
Paul Luvera on Losing Cases
:
Updated:
Fee Approvals When Representing Minors
:
Updated:
CBO Offers New Data on Cost of Medical Malpractice Lawsuits
:
Updated:
Computer-Generated Business Records
:
Updated:
Another Preemption Case Nears SCOTUS Review
:
Updated:
Rule of the Week – T.R.C.P. 7.02 (Motions)
:
Updated:
An Appropriate Handoff
:
Updated:
Profits in the Medical Malpractice Insurance Industry
:
Updated:
Proposed Rule Change in Federal Court for the Middle District of Tennessee
:
Updated:
Videos of Erin Andrews and the Nashville Connection
:
Updated:
October 2009 Tennessee Trial Law Report
:
Updated:
New Attorney General Opinion on Railroad Crossings
:
Updated:
More Information About Texting and Use of Cell Phones While Driving
:
Updated:
Juror Research on Google Results in New Trial
:
Updated:
Toyota Recall: Floor Mats Increase Risk of Injury and Death
:
Updated:
Los Angeles Times Article Speaks Out About Tort Reform – “The Healthcare Debate’s Frivilous Sideshow”
:
Updated:
Rule of the Week – T.R.C.P 8.03
:
Updated:
New Tennessee Supreme Court Opinion on Comparative Fault
:
Updated:
Tennessee Supreme Court Issues Proposed Rules for Public Comment
:
Updated:
Effective Phone and Video-Conference Depositions
:
Updated:
Washington State Struck the Certificate of Merit – and an Editorial Board Supports the Decision
:
Updated:
Letter to the Tennessee Supreme Court
:
Updated:
Electric Cars and Changes in Car Accident Litigation
:
Updated:
Op-ed By Anthony Tarricone, AAJ President
:
Updated:
Lawsuit By Coyote Ugly Bar Patron
:
Updated:
Rule of the Week – T.R.C.P. 37.03(1)
:
Updated:
Bologna Sandwich Case – More Than Meats the Eye
:
Updated:
Tennesse Law of Comparative Fault – Third Edition
:
Updated:
President Orders Tort Reform Tests
:
Updated:
Georgia Supreme Court Considers Constitutionality of Damages Cap in Medical Malpractice Cases
:
Updated:
Washington Certificate of Merit Struck Down
:
Updated:
Food Safety News
:
Updated:
Fosamax Products Liability Case Ends in Mistrial
:
Updated:
Scehduling Orders: Deadlines for Alleging Fault Against Nonparties
:
Updated:
Products Liability Case Settled
:
Updated:
Justice Programs Seminar 2009
:
Updated:
Iqbal / Twombly: The Death of Notice Pleading
:
Updated:
Medical Malpractice Reform: Survey Manipulation
:
Updated:
Suggestion for Expert Witness Disclosure Language in Scheduling Orders
:
Updated:
Death of a Giant of the Tennessee Trial Bar
:
Updated:
Jury Selection – Exercising Preemptory Challenges
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 22
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 21
:
Updated:
Health Care Reform Everyone Can Support – The Use of Medical Checklists
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 20
:
Updated:
Judicial Performance Evaluation Commission Members Announced
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 19
:
Updated:
September 2009 Tennessee Trial Law Report is in the Mail
:
Updated:
“New” Chrysler Steps Up to the Plate
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 18
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 17
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 16
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 15
:
Updated:
New Judicial Selection Commission Members
:
Updated:
Additional Email Tips
:
Updated:
AAJ Issues Report About Unsafe Trucks on U.S. Roads
:
Updated:
Failure to Inform Patients of Abnormal Test Results
:
Updated:
Hospitals That Do It Right
:
Updated:
Dan Hull on Lawyering
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 14
:
Updated:
CPSC Renews Warnings About Bassinets
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 13
:
Updated:
Blaming the Plaintff
:
Updated:
AAJ Seminar: “Litigating Pharmaceutical and Medical Device Cases”
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 12
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 11
:
Updated:
The First Syllable of “Lawyer” is “Law”
:
Updated:
Working Smarter
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 10
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 9
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 8
:
Updated:
Thank You
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 7
:
Updated:
Dead By Mistake
:
Updated:
Tips for Managing Email
:
Updated:
Dog Bite Case Website
:
Updated:
Blore’s Razor
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 6
:
Updated:
Objections to Form of the Question at Depositions (With a Discussion About Objections to Leading Questions)
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 5
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 4
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 3
:
Updated:
Implementation of “Red Flags” Rule Delayed
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 2
:
Updated:
Memphis BBQ Causes Salmonella Infections
:
Updated:
Suing Drug Dealers
:
Updated:
A National Medical Safety Board?
:
Updated:
New Tennessee Legislation of Interest to Tort Lawyers – Post 1
:
Updated:
Dangers Caused By Truck Drivers Who Text While Driving.
:
Updated:
Tennessee Motor Vehicle Deaths Decrease But Still Higher Than National Average
:
Updated:
Does Error of Counsel Justify Setting Aside a Default Judgment?
:
Updated:
Laying A Foundation to Admit a Photograph into Evidence
:
Updated:
SVMIC – 2008 Financial Results – Part 4
:
Updated:
Justice Programs 2009
:
Updated:
Red Flag Rules for Law Firms
:
Updated:
Consent Provisions in Professional Liability Insurance Policies
:
Updated:
For Sale
:
Updated:
SVMIC – 2008 Financial Results – Part 3
:
Updated:
SVMIC – 2008 Financial Results – Part 2
:
Updated:
Use of the Exhibit Stamp in Adobe
:
Updated:
SVMIC – 2008 Financial Results – Part 1
:
Updated:
David Mills Does It Again – A Reader Supplies the Caption
:
Updated:
Thoughts About Efficiency in Law Practice
:
Updated:
ER Docs in Arizona Get Special Treatment in Courtrooms
:
Updated:
Do You Want to Go Paperless in Your Office?
:
Updated:
Post-Sale Duties
:
Updated:
Motion to Compel Defense Counsel to Wear Shoes Without Holes in the Soles
:
Updated:
West Virginia Rejects Claim That Ford Should Have Used Laminated Glass in Side Window
:
Updated:
Medical Research, Anyone?
:
Updated:
Georgia Supreme Court Reverses Med Mal Verdict Because of Error in Jury Instructions
:
Updated:
GM Allowed to Escape Responsibility to Victims in Pending Tort Cases
:
Updated:
A Tort Lawyer Looks at the Death of Steve McNair UPDATE NO. 2
:
Updated:
Off Topic – Palin Resigns
:
Updated:
Post-Sales Duties
:
Updated:
Article about Requirements for Pleading Facts in Complaints
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Updated:
Maxwell Strikes Back
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Updated:
New Look
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Updated:
Article on the New Medical Malpractice Notice and Certificate of Good Faith Legislation
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Updated:
GM Will Reman Liable for Future Products Claims
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Updated:
Closing Argument Requires Reversal
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Updated:
John, Where Have You Been?
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Updated:
“Other Bad Act” Evidence in Medical Malpractice Cases
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Updated:
Study on Impact of Chrysler and GM Bankruptcy on Future Wreck Victims
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Updated:
Luvera on Direct Examination
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Updated:
ACOG Changes FHR Monitoring Guidelines
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Updated:
Depositions of Expert Witnesses
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Updated:
A Wonderful Way to Spend A Saturday
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Updated:
Covenants Not to Compete
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Updated:
New Business Tort Blog
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Updated:
Bloomberg Article on Medical Liability Reform
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Updated:
More On Products Claims Against Chrysler and GM
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Updated:
The T. J. Hooper Case
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Updated:
NYT Reports President Is Talking About Restricting Med Mal Suits
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Updated:
President’s Speech to the AMA
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Updated:
Punitive Damages Study
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Updated:
UPDATE on Medical Malpractice Notice and Certificate of Good Faith Statute
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Updated:
Thinking About Contingent Fees
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Updated:
Invest in Litigation?
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Updated:
New Tennessee Law Blog
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Updated:
Seminar on New Medical Malpractice Legislation
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Updated:
Proposal to Change Tennessee Ethics Rules
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Updated:
Lawyer Questions Experience of Some Lawyers Who Advertise
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Updated:
SCOTUS Rules That W.Va. Chief Justice Should Have Recused Himself
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Updated:
Seminar on New Medical Malpractice Litigation
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Updated:
Effect of Tort Reform Legislation
:
Updated:
Medical Malpractice Filings Dropping
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Updated:
SCOTUS Reverses Tennessee FELA Case
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Updated:
More on GM and Chrysler Products Claims
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Updated:
New Medical Malpractice Notice and Certificate of Good Faith Bill Passes Senate
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Updated:
Seminar on New Medical Malpractice Legislation
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Updated:
Man Sues Strip Joint
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Updated:
Victims’ Lawyers (and Others) Discuss GM and Chrysler Products Claims
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Updated:
Chrysler Sale Bars Future Tort Claims
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Updated:
Manual for Complex Litigation
:
Updated:
June 2009 Edition of the Tennessee Trial Law Report Available
:
Updated:
Breast Cancer Cases
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Updated:
Trouble With Powerpoint?
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Updated:
Cert Petition Denied in Tennessee Products Case
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Updated:
Unusual Incident Reporting in Tennessee
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Updated:
Helping Your Clients Understand Ad Damnum Provisions
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Updated:
“Diagnosis and Treatment of Acute Pulmonary Embolism”
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Updated:
Are iPhones the Standard of Care?
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Updated:
“Venous Thromboembolism–Risk Factors, Prevention, and Diagnosis”
:
Updated:
Counting Blessings
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Updated:
Federal Rule of Evidence 502
:
Updated:
Tort Cases From the Past – Palsgraf
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Updated:
Sanctions for Spoliation in Federal Court
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Updated:
SVMIC Supplies Us With Surgical Checklist
:
Updated:
Download a Free Copy of Trial Law Report – Tennessee Tort Law Edition
:
Updated:
That Crazy Causation Element
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Updated:
Tennessee Public Acts
:
Updated:
TBA Journal – Recreation Limits Litigation
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Updated:
Slip and Fall Claims
:
Updated:
Medical Record-Keeping
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Updated:
May 2009 Edition of the Tennessee Trial Law Report Available
:
Updated:
Chrylser’s Bankruptcy Filing – A Tort Lawyer’s Thoughts
:
Updated:
Can A Podiatrist Give Causation Testimony?
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Updated:
Thanks to Lexmonitor
:
Updated:
Work Life Expectancy Tables
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Updated:
Sixth Circuit Issues Opinion of Expert Testimony
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Updated:
Chamber of Commerce At the Movies
:
Updated:
Malpractice Concerning Pap Smears
:
Updated:
Was Gov. Palin Advising a Miss USA Contestant?
:
Updated:
Tennessee Ranks #40 in Doctor Discipline
:
Updated:
Medical Helicopter Crashes
:
Updated:
Prescribing Drugs for Off-Label Use
:
Updated:
Expert Testimony Allowed on the Issue of Recklessness in Medical Negligence Case
:
Updated:
Preparing the Witness for Deposition – From the Perspective of the Defense
:
Updated:
“Preparing for the Video Deposition”
:
Updated:
“Using A Checklist for Witness Preparation”
:
Updated:
David Mills’ Courtoon Caption Contest Winner
:
Updated:
Never Events
:
Updated:
Is that Deposition Necessary?
:
Updated:
Off Topic – Roundball
:
Updated:
Practice Tip – Look to the Law First
:
Updated:
Genetic Defect in Sperm Gives Rise to Products Claim
:
Updated:
The Alleged IME Exposed
:
Updated:
April Edition of the Tennessee Trial Law Report
:
Updated:
Off Topic – Photos From Memphis, April 4, 1968
:
Updated:
Lawyer Shares Writing Tips
:
Updated:
Take A Look At Your Fee Agreement
:
Updated:
“They Killed My Patient. Then They Tried to Hide It.”
:
Updated:
The Latest From David Mills
:
Updated:
Standard for Recusal of Judge
:
Updated:
Attorney General’s Opinion on Effect of Expiration of Judicial Selection Commission
:
Updated:
“Dealing with the Difficult Adversary”
:
Updated:
Structured Settlements Are Up
:
Updated:
Don’t Make This Argument
:
Updated:
Lawyer Sued By Non-Client Over Statute of Limitations “Advice”
:
Updated:
Lawyer Sanctioned in Fee Dispute
:
Updated:
Neuro Linguistic Programming
:
Updated:
A Look Back: Senator Frist and Terri Schiavo
:
Updated:
Pleading With Particularity
:
Updated:
Free Research!
:
Updated:
New Rules Adopted by General Assembly
:
Updated:
Manual on Uniform Traffic Control Devices
:
Updated:
Birthday of William L. Prosser
:
Updated:
A Look Back: Sunday Spoof of the Past
:
Updated:
Medical Malpractice Filings Down – New Statutes Reducing Number of Lawsuits
:
Updated:
For Consumers: What To Do If You Are Solicited By A Lawyer
:
Updated:
Off Topic – Should Obama Get Credit for Yesterday’s Market Increase?
:
Updated:
Looking Behind the Curtain
:
Updated:
Nashville Scene Speaks Out Against Efforts by Nursing Homes to Limit Liability for Malpractice
:
Updated:
Defense Firm To Be Penalized for Fraudulent Removals?
:
Updated:
Practice Guidelines: Obstetric Anesthesia
:
Updated:
Great Legal Research Tip
:
Updated:
Legal Malpractice Avoidance Checklist
:
Updated:
Do You Believe in Magic (Tricks During Closing Argument)?
:
Updated:
SCOTUS Issues Opinion in Wyeth v. Levine
:
Updated:
Courtoons
:
Updated:
Legal Malpractice Lawsuits On the Upswing?
:
Updated:
March 2009 Edition of the Tennessee Trial Law Report
:
Updated:
Animation of Crash of Flight 1549
:
Updated:
E-Discovery Highlights
:
Updated:
Mild Traumatic Brain Injury in the ER
:
Updated:
Amusement Parks, Carnivals, and Carnies
:
Updated:
Do You Want to Start Your Own Firm?
:
Updated:
Has Hill v. NHC Been Settled? UPDATE
:
Updated:
Impeachment by Contradiction
:
Updated:
Avoiding Malpractice – Tips for Lawyers
:
Updated:
Ruining Depositions – Part 3 of 3
:
Updated:
Peanut Butter and Peanut Recall List
:
Updated:
Fire in the Operating Room
:
Updated:
Florida Family Awarded $8M in Tobacco-Related Death Case
:
Updated:
Liability Insurance Rate Increases Coming?
:
Updated:
Paul Does It Again
:
Updated:
Sunday Spoof – The AMA’s MFA Program
:
Updated:
Diagnosis of Appendicitis
:
Updated:
Vicarious Liability in Trucking Cases
:
Updated:
Auto Fatalities Decline
:
Updated:
Fear of HIV Lawsuit – Defendant Roberto Alomar
:
Updated:
Medicare Subrogation in Wrongful Death Cases
:
Updated:
Thought-Provoking Article
:
Updated:
More of “Ruining a Deposition”
:
Updated:
Lawyer Medical Malpractice Reports Due March 2
:
Updated:
Invasion of Privacy – Wife vs. Husband
:
Updated:
Ruining a Deposition
:
Updated:
Insurance Policies Limits Are Not Discoverable UPDATED
:
Updated:
February 2009 Tennessee Trial Law Report
:
Updated:
When Winning A Case Costs Your Client Money
:
Updated:
Yet Another Opinion on the Law of Expert Testimony
:
Updated:
Rule Changes
:
Updated:
New Edition of Tennessee Law of Comparative Fault
:
Updated:
New Tennessee Supreme Court Opinion on Admissibility of Expert Testimony
:
Updated:
More From Paul Luvera
:
Updated:
Off Topic – Bushisms
:
Updated:
Open Note to Airplane Crash Lawyers
:
Updated:
Making Surgery Safer
:
Updated:
NIED Claims
:
Updated:
Day on Torts