Those of us in small firms struggle with many of the same issues. One of those issues is the decision to hire our first (or hire another) associate?
I enjoy the Legal Ease Blog and read this article that provides some guidance on the issue.
Enjoy.
Proposed Rules Changes
The Tennessee Supreme Court has asked for public comment on proposed changes to Tennessee Rules of Civil Procedure, Appellate Procedure, Evidence, Criminal Procedure and Juvenile Procedure.
The most significant proposed rule change is the change to Rule 8.01. The proposed rule change says as follows:
8.01 Claims for Relief.–A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain: (1) a short and plain statement of the claim showing that the pleader is entitled to relief; and (2) a demand for judgment for the relief the pleader seeks, including a specific dollar amount if damages are sought. Relief in the alternative or of several different types may be demanded.
Tennessee Supreme Court Grants Rule 11 Application in Apparent Agency Cases
The Tennessee Supreme Court has granted permission to appeal in two cases that address the issue of apparent agency. In both cases plainitffs seek to impose liability on a hospital for the acts of a doctor. The cases have been consolidated for appeal.
One case is DeWald v. HCA Heatlh Services of Tennessee, No. M2006-02369-COA-R9-CV (Tenn. Ct. App. June 12, 2007);. This case involves an ER physician. Read the opinion here.
The other case is Boren v. Weeks, No. M2007-00628-COA-R0-CV (Tenn. Ct. App. June 12, 2007). This case also involves an ER physician. Read the opinion here.
New Book – Error in Post
My new book, referenced in this post, will be available November 1, 2007, not 2008. Sorry for the error. I guess I can pass it off on age – I turn 51 (or is it 52?) tomorrow.
The book goes to the printer today. The first section has 66 chapters and 233 featured cases on 233 tort law topics; each case is summarized to address the indicated legal topic to save you time and help launch your research effort. This section of the book totals 439 pages.
The next 500+ pages contain selected statutes as well as the rules of evidence, civil procedure, and appellate procedure.
New Book to be Released November 1
On November 1, 2008 my new book will be available for sale.
My goal for this book is to provide a one-volume resource for Tennessee tort lawyers who are looking for a quick reference to the leading case on a given point. Need a quick summary of the law of informed consent? In less than one minute you will be able to find the leading case on point and use the concise summary of the holding in that case as a launching point for additional research. Receive a call on a potential defamation case? In less than one minute you will find a 13-page chapter that summarizes the leading Tennessee cases on the topic and references over 50 more cases,
The book, called DayonTorts: A Handbook for Tennessee Tort Lawyers, organizes the leading Tennessee cases by topic. Many of the summaries also include citations to other cases of interest on the particular legal issue. In total, over 1000 cases are cited in the book.
A Great Post From the Folks at Blog 702
I have told you in the past that I love Blog 702. It is a blog of substance, written by someone who knows what they are talking about and who is willing to share what they know.
The authors of Blog 702 have started a series about the concept of "reasonable degree of medical certainty." Here are the first few paragraphs"
Quite some time ago now, we promised to respond to a Beck & Herrmann post decrying an ALI proposal to abolish any requirement that experts offer their opinions to a “reasonable degree” of medical, professional, or scientific “certainty.” (Call this the “RDC” rule for short.) The ALI proposal would abrogate any RDC requirement and demand only that the expert hold his or her opinion to be more likely true than not — at least in the context of opinions offered to prove causation in tort cases involving physical harm.
I Am Alive
I did not post for two days in a row and received four inquires about the state of my health.
I am alive.
I am in a middle of finishing a project that I will tell you more about next week. Today I will be consumed with four depositions and a meeting with a new client on what looks like a great products case against an automobile manufacturer. We are also filing two new cases today in Knoxville, a products case in federal court and a road construction / signage negligence case in state court. It has been more than the ordinary flurry of activity at Day & Blair this week, but I am scrambling to get everything done so that I can relax at the Titans-Colts game Sunday afternoon.
Off Topic – The Cheating Patriots
OK – the Pats got hit with a fine – $250,000 for the team and $500,000 for the coach – for cheating in professional football. They also face a loss of a draft pick or picks, depending on how they finish this season.
It’s not enough.
I want to know if this is an isolated event or, if not, how long have they been cheating. The coach implied that he mis-interpreted the rules. How long has he been running his team under this misunderstanding? Did their misconduct help them win any of the three Super Bowls in the last three years? If so, take the prize money back and pull the rings off the fingers of every coach aware of the practice. And put an asterick next to their name in the record books – *Cheaters.
Tough Jury Climate
The jury found that the defendant was negligent and that the negligence caused an herniated disk. The disk problem was surgically repaired. The plaintiff used a walker for nine months and now uses a cane. Amount of damages for pain and suffering? Zero.
Motion for new trial? Denied.
The California Court of Appeals reversed, holding that the failure to award damages for pain and suffering meant that the verdict was inadequate as a matter of law.
Story from the LA Times
The LA Times makes an extraordinary effort here to tell the story of the death of a woman in a local hospital – and how it could have been prevented.