Don’t count on it. Read this new opinion from the Tennessee Supreme Court which affirmed a grant of summary judgment in favor of the defendant when the plaintiff submitted an affidavit in opposition to the motion after the date required by a previous order of the trial judge. The core…
I was in court last Monday morning and a lawyer sitting next to me asked for some help on a comparative fault issue. I told him the answer and that the case law in support of the answer could be found in Chapter 5 of Tennessee Law of Comparative Fault,…
The Court of Appeals of Maryland has held that an Ohio lawyer who contracted over the telephone and by mail to perform legal services in Ohio for a Maryland resident could not be sued for professional negligence in Maryland. Here is the summary of opinion as prepared by the Court:…
The Kentucky Supreme Court has recently modified the law concerning the application of the “error of judgment” rule in legal malpractice cases. In Equitania Insurance Conmpany v. Slone & Garrett, P.S.C., 2003-SC-1003-DG (2/23/06). The Court described the case as follows: “This case is a complex legal malpractice claim brought by…
The Tennessee Court of Appeals has ruled that deposition videotaping expenses (and the cost of synchronizing the deposition with the written transcript) are not recoverable as discretionary costs under Rule 54.04 of the Tennessee Rules of Civil Procedure. The case is Parker v. Brennan, No. M2005-01376-COA-R3-CV (April 19, 2006). The…
Missing deadlines is something that can happen to anyone. This legal malpractice case, against the Baker Donelson firm, demonstrates what can happen when an important deadline (filing notice of appeal) is missed.
Surprise! You cannot collect a contingent fee if your client rejects a settlement offer and later collects nothing. In this Louisana Supreme Court decision in the case of Cullpepper & Carroll v. Cole (No. 05-C-1136) attorneys sought a one-third fee of a rejected settlement proposal in an estate case. Check…
How would you like to receive this Order in the mail? Download file Worse yet, how would you like to see it on the Internet?
The Supreme Court of North Dakota publishes this list of appellate practice types. Of course, the citations are to North Dakota law but most of the principles are just as applicable in Tennessee. Thanks to Jim Calloway.
The Tennessee appellate courts have a proposed rule about electronic filing that has been released for public comment. Read about it here.