On March 24, 2006 I wrote about the death of my grandmother, Milda Heath, at the age of 97. Today is her 100th birthday.
She was a wonderful grandmother, mother, teacher and citizen. I miss her.
Summary of New FRE 402
Here is a summary of FRE 502 which came into effect on September 18, 2009. The rule – which addresses the attorney client privilege and work product doctrine – is intended to provide increased clarity in this confusing area of the law.
The author explains that "[t]he rule establishes a presumption against subject matter waiver, resolve the issue of inadvertent disclosure, provides for confidentiality orders and supports party agreements, among other issues. "
Thanks to Federal Evidence Review.
SCOTUS Rules for Plaintiffs in “Light” Cigarette Case
The United States Supreme Court has ruled for the plaintiffs in a case involving an assertion of federal pre-emption in litigation involving whether selling "light" cigarettes was deceptive.
As pointed out in this article in the New York Times,
"[t]he question before the court was not whether use of the term “light” amounted to fraud. It was, rather, whether plaintiffs should be allowed to sue at all given the federal Cigarette Labeling and Advertising Act, which required tobacco companies to place rotating warnings on their packaging and advertising."
Chamber of Commerce Wants to Preserve Right to File Suit
That’s right. The Chamber of Commerce believes in the right to file suit if you have been aggrieved by the conduct of another.
As long as you are a car manufacturer and want to complain about new laws limiting greenhouse gas emission standards.
Read about the Chamber’s latest hypocrisy here.
A Bad Day
Professionally speaking, it is hard to have a worse day than having a United States Supreme Court justice say this: " “I simply cannot follow your argument because I believe you have just made a statement to me that is utterly irrational.”
That is what Justice Souter said to Jennifer Smith, a lawyer in the Tennessee Attorney General’s Office.
Read more here.
Preparing Clients for Events at Trial
Ten days or so ago I included a post from Paul Luvera’s blog about the importance of using checklists for taking the deposition of an eye witness.
Here is another post from Paul. This time he is sharing a checklist on information you should share with your client about the trial process. It includes suggestions for how the client should act during the trial and how to act during cross-examination.
Thanks again, Paul.
New Trucking Regulations Means Increased Public Safety
The Federal Motor Carrier Safety Administration has issued an amend to its regulations to require interstate commercial driver’s license (CDL) holders subject to the physical qualification requirements of the agency’s regulations to provide a current original or copy of their medical examiner’s certificates to their State Driver Licensing Agency (SDLA). The new regulations also require the SDLA to record on the Commercial Driver License Information System (CDLIS) driver record the self certification the driver made regarding the applicability of the Federal driver qualification rules. The rule is effective January 30, 2009.
The goal of the new regulations is to help to prevent medically unqualified drivers from operating covered vehicles on our highways by giving the states the means of identifying CDL holders who are unable to obtain a medical certificate and to deter the use of false certificates.
Here is a copy of the new regulations.
Medical Malpractice Reporting Statute
Many plaintiff’s lawyers from across the state received assessments from the Department of Commerce and Insurance for failure to report data concerning medical malpractice settlements and judgments received during the prior year. Many of the penalities approach $20,000 and, as one lawyer told me, the penality he has been assessed is greater than the fee he received in the case.
Some people have asserted that the reason plaintiff’s lawyers have to report this data is my fault. That is not accurate. Here are the facts.
Since 1986 I have pushed for mandatory reporting of medical malpractice verdicts and settlements data. Unfortunately, the state of Tennessee only recently began keeping data on verdicts in med mal cases, and most settlements are cloaked with a confidentiality agreement. Therefore, we had no good data to fight the constant whining by the medical community that there was a med mal litigation crisis.
Tennessee Trial Law Report
Thank you to the hundreds of you who have said such kind words about our new newsletter, Tennessee Trial Law Report – Tort Law Edition. Brandon Bass and I have worked hard to put together a newsletter than will save you time and make you money.
Our idea was to have one source where a tort lawyer could stay up-to-date with all of the case law in the field of torts, civil procedure, evidence and trial. Your kind words, and your subscriptions, have confirmed that we are on the right track.
To read more about the newsletter and order a sample see our website. It includes a handy list of references for Tennessee tort lawyers.
Luvera’s Sample Talking Points for Trial
Paul Luvera has offered-up a list of his talking points for trial, an example that can be applied to a myraid of cases. See them here.