It has been revealed that Dr. Frederick K. Goodwin, host of NPR’s "Infinite Mind," earned at least $1.3M from drug makers.   He received the payments for giving lectures.   NPR says it did not know about the payments, Goodwin says it did, but clearly the show’s listeners did not.

Did the payments compromise the integrity of the show?  Who knows.  Did they compromise the perception of the integrity of the show?  Yes, beyond a shadow of a doubt.

Everyone understands that people who speak at seminars should be compensated for their time and expertise.  Seminar presentations require lots of work, and even if you have given the exact talk before you are still taking time away from your family, your work, or both.

The Florida Supeme Court has relied on the Restatement (Second) of Torts to impose a duty on the manufacturer of anthrax "to avoid a an unauthorized intercepton and dissemination of the materials."

The lawsuit arose out of the mailing of stolen anthrax some seven years ago that resulted in the death of a man in Florida when he came into contact with the substance at his place of work.

The case is United States v. Stevens, No. SC07-1074  (Fl. Oct. 30, 2008).  Read it here.

Rule 37 of the TRCP makes exclusion of evidence the default sanction for failure to supplement.  The trial judge can impose a lesser or greater sanction.

In a recent  case in Arkansas the Court of Appeals reversed a jury verdict in favor of the plaintiff when the plaintiff failed to supplement answers to interrogatories concerning his medical treatment with a particular doctor.

In Moorehead v. Battles,  the court said this:

Brandon Bass and I are pleased to announce that the inaugural edition of Tennessee Trial Law Report – Tort Law Edition has been printed and mailed to  Tennessee lawyers who we know  practice tort law. 

Brandon and I resigned from our position as editors of the Tennessee Tort Law Letter  and launched this new publication in an effort to better serve the needs of lawyers in the state that do tort work.  It is our view that tort lawyers need to stay current on the law of torts – but we also need to stay current on the law of evidence, civil procedure and trial.  So, Tennessee Trial Law Report summarizes opinions in all four fields, whether those opinions are primarily tort opinions or instead are domestic, commercial or criminal law opinions that have morsels of information tort lawyers need to know.

For example, one of our lead opinions this month is not a tort case at all but rather a Court of Criminal Appeals opinion by Presiding Judge Joe Tipton on expert testimony.  Another of our summaries addresses a non-tort Tennessee Supreme Court case on a important evidence issue. 

The Fall travel schedule begins again. 

Many of you know that  five years ago former Tennessee Supreme Court Justice Penny White, former Tennessee Court of Criminal Appeals Judge Joe Riley and I establsihed a seminar company called "Justice Programs."  We offer a 15 hour CLE program each Fall that permits attendees to meet all mandatory CLE obligations for the entire year and, more importantly, gives civil trial practioners the opportunity to gain valuable information for their practice.   Tomorrow we make our first stop in the year in Chattanooga.

Here is the outline for our course in 2008:

One repeated argument for restricting the right to trial by jury is that we need to have a state where businesses will want to settle, thereby creating more jobs and strengthening our economy.

Well, to the extent that is a relevant factor in the tort deform effort it is should be off the table in Tennessee.  Why?  The Tennessean  reports that "Site Selection, an Atlanta-based magazine that annually ranks states’ attractiveness to investors, placed Tennessee behind only North Carolina. Tennessee moved up four notches from last year’s rankings."

Read the article here.

There is alot of public outcry about the profits of Exxon Mobil for the 3rd quarter of fiscal year 2008.  The company reported profits of $14.83 Billion for the three months ended September 30, a 58% increase.

Exxon Mobil had revenue of $137.74 Billion during the 3rd quarter of 2008.  So, the company had a profit of 10.76% of total revenue.

So why is Exxon Mobil talking about getting into a new line of business?  

A Handbook for Tennessee Tort Lawyers 2009 is scheduled to arrive in Brentwood on November 3 and will start being shipped to purchasers on November 4.

The 2009 of the book follows the same format as the 2008 version.   It has been expanded to include 8 new chapters and 28  new sections on tort law subjects for a total of  262 sections.  Each section includes the key language of the leading case on that subject and, as appropriate, citations to other important cases on the subject.  Also included is a reference to all opinions released in the last year on tort law organized by chapter and section.

The book also includes the full text of all of the new  statutes of interest to Tennessee tort lawyers.

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