Mr. Fleming needed medical forms completed for his workers’ compensation case. He submitted the forms to the defendants but after “20 or more days” he had still not received the completed forms and his phone calls were not being returned. Consequently, a frustrated Mr. Fleming filed a civil warrant in Shelby…
My newest book, Tennessee Law of Civil Trial, will be released on July 1, 2014 and may be ordered now for July 1 delivery. The book consists of 500+ pages of the law of civil trial in Tennessee, covering the law of scheduling orders to the law of motions for…
In Tennessee, the essential elements of a malicious prosecution claim are (1) the defendant filed suit or instituted a judicial proceeding without probable cause, (2) the defendant brought the action with malice, and (3) the prior action was finally terminated in the plaintiff’s favor. If the judgment in the prior…
Tennessee courts recognize a claim for intentional interference with business relations, but this multi-year dispute did not end well for the claimant. In Stratienko v. Chattanooga-Hamilton County Hospital Authority, No. 2011-01699-COA-R3-CV (Tenn. Ct. App. Nov. 21, 2013),the Tennessee Court of Appeals affirmed dismissal of a plaintiff doctor’s claim for intentional…
The New York Times had a nice obituary about the life and death of Bob Gibbons, a fine trial lawyer and gentleman from Austin, TX.
I know – I have gone off the grid. For the past couple of months I have been extremely busy and my law practice has simply consumed the vast majority of my time. I have also worked on an article that I was asked to write for the inaugural edition…
Ok, State v. Zimmerman was a criminal case, not a civil case. much less a tort case. (Zimmerman may be sued by Martin’s family – more on that below). But, in the "for what it’s worth department, here are my comments on the criminal verdict: 1. I don’t know if…
The news that Pilot Flying J, a company largely if not exclusively owned by Governor’s Haslam’s family and run by his brother, is the subject of a criminal investigation has made a lot of news in the last week. Headquartered in Knoxville, Tennessee, Pilot Flying J has over 600 retail…
Alabama just passed a 12-year statute of repose that protects a new corporate citizen – Airbus. Airbus, not content with $158,000,000 in corporate welfare to put a plant in Alabama, sought and has obtained immunity from suit unless its planes cause harm within twelve years. The bill only applies to…
The Tennessee Supreme Court has released data concerning filings and dispositions on civil and criminal cases for the year ended June 30, 2012, including personal injury and wrongful death cases. The Annual Report of the Tennessee Judiciary is published every year and contains lots of data not readily available from…