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.
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.
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.
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.
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."
The Asbestos Law Journal has this great post on a huge asbestos verdict in Mississippi a short time ago. The blog notes that "part of why the jury did so may be because of a handwritten note that indicates one of the defendants engaged in a cost-benefit analysis that concluded it was OK to give people cancer as long as the profit exceeded the cost of the ensuing lawsuits."
Here is the a PDF of the hand-written document at issue. The operative language is about one-third of the way down the page.
The Tennessee Bar Journal has published an article I wrote concerning the permissible scope of expert testimony. The article discusses the decision of the Tennessee Court of Appeals in Holder v. Westgate Resorts Ltd.. Here is the majority opinion and here is the concurring / dissenting opinion of Judge Susano.
This is an excerpt of the article, titled "That’s (Not) a Fact, Jack:"
The majority opinion in Holder has grave implications for the trial of cases involving experts. It has the potential for injustice to plaintiffs and defendants. Fortunately, the Tennessee Supreme Court accepted review of the case. In the view of this writer, the court should send a clear message that the proffered testimony in this case was properly excluded and that otherwise inadmissible facts, data and opinions should not normally find their way to the fact finder merely because an expert witness wants to testify about them.
The Tennessee General Assembly has passed new legislation designed to enhance the safety of bicycle riders. The legislation is Public Chapter 192 and will come into effect on July 1, 2011.
The new legislation arms those representing bicycle wreck victims with a basis for asserting negligence per se against defendant drivers.
On Monday, May 16, 2011 the American Law Institute adopted Chapter 10 of the Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm.
Chapter 10 addresses liability, both direct and vicarious, of those who employ an independent contractor. It replaces Chapter 15 of the Prosser / Wade Restatement Second of Torts.
The Reporter for this effort is Ellen Pryor of Southern Methodist University.
Among the bills passed by the Tennessee General Assembly is Public Chapter 130, a bill that dramatically changes the law applicable to the business of insurance.
The legislation repeals the ability of consumers to sue an insurance company under the Tennessee Consumer Protection Act or any other statutory provision other than the limited rights extended to consumers in the insurance section of the Code.
For reasons I cannot explain, I cannot provide a link to the legislation. You can find it on the Tennessee Secretary of State’s website.
