John Travolta, one of the better known actors in the world, has been hit with two lawsuits alleging that he engaged in sexual misconduct. The allegations come from two masseurs who, so far, have refused to reveal their names. In one case, the masseuse claims that Travolta solicited sexual conduct…
Articles Posted in Miscellaneous
“1-800-Ask-Gary” Lawyer Referral Network
"1-800-Ask-Gary" is a medical and legal referral service in Florida founded by Sarasota chiropractor Gary Kompothecras. If you have been to Central Florida you have seen their billboards, television ads and radio ads. Television ad costs exceed $12M per year. Business must be good – last June Kompothecras paid a little…
What is the Chance of the Tennessee Supreme Court Accepting a Rule 11 Application?
Subject to several exceptions, the Tennessee Supreme Court has the right to choose what cases it will hear. A T.R.A.P. Rule 11 petition is filed when one seeks permission to appeal a case to the Tennessee Supreme Court. In the year ending June 30, 2011, 888 Rule 11 petitions were…
The Law of Indivisible Injury
A law student at the University of Texas, Michael T. Raupp, has written a note in the Texas Law Review (Issue 90, Volume 1) titled "The Multiplication of Indivisible Injury." The work is critical of the handling of the subject by the Restatement (Third) of Torts, which prompted a…
Softball Catcher Held to Assume Risk of Injury From Collision at Plate
The Supreme Court of South Carolina has ruled that a father playing catcher in a softball game who was injured during a collision at home plate did not have a claim against the baserunner. In Cole v. Boy Scouts of America, Opinion No. 27072 (S.C. S. Ct. 12/5/11), South Carolina’s…
Response to AggieSpirit
Aggie Spirit took exception to my suggestion that Herman Cain encourage the NRA to waive the confidentiality provisions of the settlement agreements with the women who lodged sexual harassment charges against him. This was AggieSpirit’s comment:: I am sure your position as a trial lawyer (and likely member of ATLA)…
Applying the Duty of Good Faith and Commercial Reasonableness to Silent Consent Clauses
There are two things wrong with this post. First, it is not directly about tort law – it is about contract law. And this is supposed to be a blog about tort law. So perhaps this post shouldn’t be here. Second, this post is about a victory our firm had…
Tragic Wrongful Death Case Arising Our of Plane Crash Correctly Decided
A man with a student pilot’s license crashed into a home, killing himself and his minor daughter. The deceased child’s mother brought suit against the local aviation board and others for permitting him to take off in the plane despite the absence of a pilot’s license, seeking damages for the…
Republicans and Their Never-Ending Efforts To Find Jobs for Our Citizens
You have to give the Republican Party credit – they are working hard to create jobs for those who are out of work. In Tennessee, for example, the right to trial by jury was limited for every Tennessean so that somebody somewhere could get a job. The right that citizens…
Day on Torts: 2000 Entries
Yesterday I posted my 2000th entry on this blog. 2000 posts in 78 months – this blog started in the Spring of 2005. I celebrated by writing five posts for the coming week. Thanks for reading.