Day on Torts

June 20, 2011

Lawyers and Others Sued For Defamation by New Lawyer

When a new lawyer decided to try his first case by defending a man accused of murder, it is no surprise to any lawyer with a room-temperature IQ that things would not go well. At all.

So, when a mistrial was declared in the case based on the lawyer’s ineptness, some lawyers expressed dismay over the decision of the lawyer to accept representation in the case. Word got around and the new lawyer sued. He sued lots of folks. Including Max Kennerly, author of Litigation and Trial. And Eric Turkewitz of the New York Personal Injury Law Blog. Here is the complaint.

Here is Max’s Motion to Dismiss. It gives you a good feel of the defense to the claims. Here is a post where Eric explains his view of the lawsuit.

June 20, 2011

Tennessee Tort Reform Act

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

Here is a copy of the signed major tort reform legislation in Tennessee. The legislation changes venue rules, places caps on damages (compensatory and punitive), and changes the substantive law in products and consumer protection cases.

More details later.

June 19, 2011

Lawyer Gets Blasted by Judge

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

I know it is not a tort case, but this post from Law and Disorder reports on what can happen before the Seventh Circuit Court of Appeals when you don’t have your damages proof in proper order.

An excerpt

"I have never seen such an incompetent presentation of a damages case," [Judge Richard A.] Posner said. "It’s not only incompetent, it’s grotesque. You’ve got damages jumping around from $11 million to $130 million to $122 million to $33 million. In fact, the damages are probably zero."

June 19, 2011

John Stossel: ” I’d Rather Sue Than Fight”

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

John Stossel is a Fox News reporter ( I use the word "reporter" lightly, especially in conjunction with Fox News) who dislikes lawsuits and the lawyers who file them.

Except when he finds it necessary to file one. Like he did when he was bitch-slapped by a wrestler.

Eric Turkewitz does his usual excellent job covering the story about this hypocrite. Read it here.

June 19, 2011

Death by Medicine

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

"Death by Medicine" is a report by Gary Null, PhD; Carolyn Dean MD, ND; Martin Feldman, MD; Debora Rasio, MD; and Dorothy Smith, PhD.

The report reveals that "that the total number of deaths caused by conventional medicine is an astounding 783,936 per year. It is now evident that the American medical system is the leading cause of death and injury in the US. (By contrast, the number of deaths attributable to heart disease in 2001 was 699,697, while the number of deaths attributable to cancer was 553,251."

The report explains that

June 16, 2011

Max Kennerly Does It Again

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

Regular readers know that I am a Max Kennerly fan. He does it again with post titled "The Truth Self of The Plaintiff’s Trial Lawyer."

An excerpt:

Trial lawyers walk into court with plans, backup plans, and with training and experience in various techniques and methods. Trial, though, has a way of knocking askew the best laid schemes of mice and men; it’s less a choreographed ballet and more a rough mix of strategic adaptation, technical mastery, wit, and endurance.

June 15, 2011

Negligent Security at Hotels, Motels, Apartment Complexes and Other Places

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

Many plaintiff’s lawyers limit themselves to reading only legal articles written by lawyers who also represent plaintiffs.

Big mistake.

There are lots of good resources out there written by members of the defense bar. This article, by Richards H. Ford, is a fine example. Titled "Negligent Security: When is Crime Your Problem," Ford provides an overview of the circumstances under which negligent security cases can arise and the applicable law. To be sure, the law of each state is a little different. But, if you are thinking about accepting representation in on of these cases, you will get off to a good start by reading this article. At an absolute minimum you will get a solid handle on how your opponent will undertake to defend the case.

May 27, 2011

A Look Back: “Very, Very Modestly”

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

My friend Kyle Hendrick from Chattanooga send in a nice comment this morning, referencing a post of over 4 years ago that, quite frankly, had completely slipped my mind. I looked it up – and here it is:

The President’s daughter Jenna has written a book that she "very, very modestly" hopes will have the influence of Anne Frank’s The Diary of Anne Frank.

Like Jenna, I too find myself tightly bound by humility. Her willingness to reveal her hopes despite her extreme modesty compel me to reveal one of my own hopes: that this blog will have the influence of the Declaration of Independence.

May 26, 2011

American Medical Association Applaudes Lawyers and Use of The Justice System

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

The American Medical Association has finally recognized the important role that lawyers play in advancing the interests of their clients in the justice system. Indeed, it has even created a "Litigation Center" to "ensure physicians’ rights are upheld in the most important challenges facing today’s working physician."

Rumor has it that the AMA is considering whether their patients should have the same access to legal representation and the civil justice system. A report on this issue is due December 25, 2067.

May 24, 2011

Tennessee Legislative Update 2011 – Worker’s Comp Legislation

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

The Tennessee General Assemby has made it more difficult to bring worker’s compensation cases when the injured employee tests positive for the presence of alcohol or other drugs.

Under current T.C.A. Sec. 50-6-110 if an injured employee has a positive (within defined limits) blood test it is presumed that the use of alcohol or other drug was the cause of the injury. However, that presumption can be rebutted by other evidence.

Public Chapter 203 raises the burden of proof on the employee in such cases from "preponderance of the evidence" to "clear and convincing."