Articles Posted in Miscellaneous

All weekend I heard the drone of certain business reporters and various members of the Republican Party  that President Obama was responsible for the declines in the stock market over the last six weeks.

Well, the market went up 5.8% yesterday.  Should the President get the credit for that increase?

Of course not.  And he should not get the blame for what has happened the last six weeks.  The mess we now find ourselves in was created over the last thirty, forty or fifty years by a series of mistakes made by lots of people in the public and private sector.  Anyone who says that they thought  that the economic situation would materially improve in the last six weeks is a simpleton, a liar, or both..

Lawyer and cartoonist David Mills shares his craft on Courtoons.  An example:

I confess to extreme jealously of lawyers who have talent is any aspect of the world of art or music. 

The March 2009 edition of the Tennessee Trial Law Report is in the mail.

This edition includes a summary of 20 different cases addressing various aspects of the law of torts, civil procedure, evidence and trial as decided by Tennessee appellate courts between January 15 and February 15, 2009.   The newsletter totals 47 pages, including 22 pages containing the full-text (in addition to our summary) of the three most important cases of the last month.  We add the full-text of selected decisions because we think that they are significant enough that lawyers who seek to stay on top of tort law will want to read them in full.

The newsletter also includes (a) Part 3 of my three-part article of the law of motions In limine;  and (b) a summary of the status of 22 cases of interest to tort lawyers that are pending before the  Supreme Court of the United States and the Supreme Court of Tennessee. 

Here is an animation of the crash of US Airways 1549 landing in the Hudson River prepared by Scene Systems.  The simulation includes the audio from the pilot and air traffic control.

Scene Systems creates animations for litigation of all types.

Tort lawyers have been carefully watching the tobacco lawsuit against Phillip Morris which arose out of the death of 55-year old Stuart Hess.  The Florida jury imposed liability several days ago and earlier today awarded $3M in compensatory damages and $5M in punitive damages.  Read more here.

Today’s  USA TODAY includes an interesting article titled "How much ‘truth’ is too much?" written by Rod Dreher.  The article addresses the impact of the Roman Catholic Church’s sex abuse sandal on the life of the author, who investigated and wrote about it.

Readers who know me know that our firm filed the two successful cases against the Nashville Diocese of the Roman Catholic Church.  We were associated in the cases by John Hollins, Jr.   I will not go into details, but suffice it to say that these two cases changed my life, and not in a positive way.  I continue to struggle with conduct of the Church in those cases, actions that I did not believe would be even possible from those affillated with any respectable church.  Perhaps I was naive, but unlike most times in my life the education I received has had more negative consequences than positive.

Like the author, I disagree with the concept expressed by Father Richard John Neuhaus, who is reported as having  said "[t]here are things [Catholics] really don’t want to know about their church."   Like the author, there are times I wish I had not looked under the rock.  And, like the author, I sometimes wonder "[h]ow much reality must we choose to ignore for the greater good of our own souls, and society?"  

 Jeffrey surreptitiously installed video equipment in the bedroom of the marital home (where Jeffrey may or may not have been living, depending on whom one believed), including a motion sensing optical eye in the headboard of the bed and a camera concealed in an alarm clock.   His wife Cathy learned of the activities and sued her husband  for invasion of privacy.

The tape that Cathy was able to get her hands on contained nothing of a demeaning nature.  She could not prove that Jeffrey shared the results of his taping activities with anyone else.

In the divorce action filed by Jeffrey Cathy  was awarded damages ($22,500) for invasion of privacy.

The February 2009 edition of the Tennessee Trial Law Report is at the printer  and will be mailed to subscribers in the next day or two.

This edition includes a summary of 24 different cases addressing various aspects of the law of torts, civil procedure, evidence and trial as decided by Tennessee appellate courts between December 15 and January 15. 

The newsletter also includes (a) Part 2 of my three-part article of the law of motions In limine;  and (b) a summary of the status of 25 cases of interest to tort lawyers that are pending before the  Supreme Court of the United States and the Supreme Court of Tennessee. 

Jack Weisberg kept up with George W. Bush’s verbal slip-ups during the past 8 years.

It was a full-time job.

This article contain’s Weisberg’s  list of the top 25 Bushisms.

I know – this is the third posting about  the 2007-08 Annual Report of the Tennessee Judiciary.  I can’t help myself – I am fascinated by this kind of data.

This falls in the "can you believe this" category?

1. There were about the same number of  DUI charges filed in circuits court in Tennessee last year as there  were tort damage lawsuits (11,000).   There were more divorces  and more burglary charges filed than tort lawsuits ,
2. Williamson County did not have a single medical malpractice lawsuit filing during the fiscal year ending June 30, 2008.
3. Montgomery County (Clarksville) had only 7 medical malpractice filings and Wilson County (Lebanon) had only 3.    Hamilton County (Chattanooga) had a mere 17 med mal complaints filed and Madison County (Jackson) had but 5 filed.
4. As mentioned in an earlier post, there were 537 med mal cases filed in the entire state.  There are 6,000,000 people in Tennessee.  Statistically, about 2000 people died from medical malpractice in Tennessee during that period, and many more were injured.
5. Believe it or not, there were more  kidnapping filings (735) than there were medical malpractice filings (537).

Here is the report.