Uncategorized

March 2, 2023

New Books Available – Appellate Standards of Review in Civil and Criminal Cases

I am happy to report that BirdDog Law is now offering two new books – Grading Papers – Civil and Grading Papers – Criminal. The books help lawyers quickly identify the applicable standard of review of multiple civil and criminal law issues.

Why does a trial lawyer care about appellate standards of review? Well, sometimes trial lawyers handle appeals. And, even if a trial lawyer never handles an appeal knowing the standard of review will help you advise your client on the appealability of an adverse decision and help you better pick your battles with our opponent and the trial judge.

And, using one of our Grading Papers books also gives you a leg up on legal research. How? If you find the standard of review in this book, the opinion (links included) will lead you to a discussion of the law on the subject. The latest law on the subject, because all opinions referenced are from January 1, 2022 or later (some TSC opinions that are cited are older).

February 10, 2023

TBA Journal Article – Defamation Cases: Yet Another Landmine

by The Law Offices of John Day, P.C.

Those of you interested in the filing a defamation case may want to review my latest article: Defamation Cases: Yet Another Landmine.

January 26, 2023

Apartment that failed to maintain wooden bridge liable to tenant in premises liability suit.

by The Law Offices of John Day, P.C.

A premises liability judgment for plaintiff was affirmed where plaintiff slipped and fell on a wooden bridge at defendant apartment complex, representatives of defendant had stated that the standard of care required that the bridge be power washed at least annually, and the evidence showed that the bridge had not been power washed in at least several years.

In Trentham v. Mid-America Apartments, LP, No. M2021-01511-COA-R3-CV, 2023 WL 163547 (Tenn. Ct. App. Jan. 12, 2023), plaintiff was a tenant in defendant’s apartment building. Plaintiff’s building was connected to the clubhouse fitness facility by a wooden bridge. On the day of plaintiff’s injury, it had rained the night before and was possibly still drizzling. Plaintiff used the bridge to access the fitness room, and when walking back across the bridge after his workout, plaintiff slipped on what he described as a clear, slippery substance that was “obviously not just water.” Plaintiff could not get his footing to stand up, and an employee of defendant could not get plaintiff back to his feet, so an ambulance was called.

Plaintiff’s fall caused severe injury to his left quadriceps tendon, requiring surgery. The first surgery was unsuccessful, and plaintiff underwent a second revision surgery. That surgery was also unsuccessful, and at the time of the trial plaintiff was left with permanent disability from the incident.

January 15, 2023

Last Chance to Order Wrongful Death Book at Reduced Price.

by The Law Offices of John Day, P.C.

You have just a few days to obtain a pre-publication printed copy of my new book, Tennessee Wrongful Death Law at a substantial discount.

The book is Tennessee’s only comprehensive treatise on the law of wrongful death. It has 82 sections and cites hundreds of Tennessee cases.

Click on this link and scroll down to see the Table of Contents.

January 13, 2023

New Blog – Practical Procedure and Evidence.

by The Law Offices of John Day, P.C.

Please take a minute to check out my newest blog.

Practical Procedure and Evidence is created to help Tennessee civil trial lawyers stay current on civil, appellate, and evidence issues. It will include not just new cases and rule changes but will also give lawyers practical tips on how to handle certain evidence and procedure issues in their practice.

Today’s post addresses post-judgment interest – how the rate is determined, whether the rate changes during the life of the judgment, and how to provide for the provision of post-judgment interest when drafting a judgment.

January 6, 2023

Reduced Price on Pre-Publication Copy of “Tennessee Wrongful Death Law”

by The Law Offices of John Day, P.C.

You have just a few days to obtain a pre-publication printed copy of my new book, Tennessee Wrongful Death Law at a substantial discount.

The book is Tennessee’s only comprehensive treatise on the law of wrongful death. It has 82 sections and cites hundreds of Tennessee cases.

Click on this link and scroll down to see the Table of Contents.

January 2, 2023

New Blog on Tennessee Procedure and Evidence

by The Law Offices of John Day, P.C.

I am pleased to announce that I have started a new blog on Tennessee law of civil procedure and evidence.

Practical Procedure and Evidence is created to help Tennessee civil trial lawyers stay current on civil, appellate, and evidence issues. It will include not just new cases and rule changes but will also give lawyers practical tips on how to handle certain evidence and procedure issues in their practice.

For example, from time to time it is necessary to seek additional time to respond to a court-ordered deadline or a deadline imposed by the rules of procedure. Some deadlines cannot be extended, even by court order, but many can be.

December 21, 2022

Free, Helpful Information About the Shelby County, Tennessee Court System

by The Law Offices of John Day, P.C.

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals. Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county. Each database is set up in the same format for ease of use.

For example, click on the link for Memphis and Shelby County. The opening page will give you population and demographic information for the county. The “Court Clerks and Related Information” has contact information for each court clerk, the clerks’ websites, the local rules of court, e-filing information, docket information, and filing fee information for all courts.

The “Judges” tab has biographical and contact information for all judges in the county.

December 19, 2022

Free, Helpful Information About the Lawrence County, Tennessee Court System

by The Law Offices of John Day, P.C.

BirdDog Law offers a large variety of free information to Tennessee lawyers and paralegals. Among the free resources are 95 databases, one for each Tennessee county, that share information about the operation of the court system in that county. Each database is set up in the same format for ease of use.

For example, click on the link for Lawrence County. The opening page will give you population and demographic information for the county. The “Court Clerks and Related Information” has contact information for each court clerk, the clerks’ websites, the local rules of court, e-filing information, docket information, and filing fee information for all courts.

The “Judges” tab has biographical and contact information for all judges in the county.

December 17, 2022

Online Tennessee CLE!

by The Law Offices of John Day, P.C.

Tennessee Justice Programs provides 15 hours of on-demand continuing legal action for Tennessee lawyers. Penny White, Joe Riley, and I speak on a variety of subjects of interest to Tennessee trial lawyers who do civil trial work. Reduced rates available for those who purchase multiple courses. Fifteen hours of CLE credit are available for $550.

Click here for a listing of the topics addressed at the seminar.

Check out the Justice Programs website to learn more.