On Monday, May 16, 2011 the American Law Institute adopted Chapter 10 of the Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm. Chapter 10 addresses liability, both direct and vicarious, of those who employ an independent contractor. It replaces Chapter 15 of the Prosser /…
When Senator Campfield slammed lawyers on March 29, 2011 in a Senate Judiciary Committee, Senator Doug Overbey let it be known that he did not appreciate the unkind words of his fellow Republican. See the debate on SB 0127 here. Debate on the bill starts at 2:04:44. Campfield’s remarks begin…
Thomas Redmon gave the plaintiff herpes. He knew that he had the disease for over 25 years before he had sexual relations with the plaintiff. He knew that there was some risk in transmitting the disease even if he was lesion-free. He did not tell plaintiff that he had the…
This video demonstrates the struggles that defense lawyers have with some claims adjusters.
After 10 years and almost 3 months in the same location, our firm is moving to a new office. The new address is 5141 Virginia Way, Suite 270, Brentwood, Tennessee 37027. The phone number remains 615.742.4880. Our landlord needed our space for the expansion needs of another tenant and gave…
The Oregon Court of Appeals has ruled that client money held in a lawyer’s trust account can be counted as an asset for purposes of determining whether the client is eligible for Medicaid benefits. The case is Dorszynski v. Department of Human Services, Case No 20071851 (Oregon Ct. App. October 27,2010).…
A couple weeks ago I wrote a post about the spread of litigation funding to divorce cases. Jordan Furlong has written a very interesting post on litigation funding and, in doing so, raises some real concerns about the future of the legal profession. An excerpt: The fact that third-party litigation…
The Colorado Supreme Court has rejected a challenge to the collateral source rule and has ruled that a plaintiff may recover the full, not discounted, amount of medical bills in a personal injury case. In Volunteers of America Colorado Branch v. Gardenswartz, Case No. 09SC20 (Col. Nov. 15, 2010) the court explained…
The world of litigation funding has now found its way to divorce litigation. Here is another article in the same series that reveals the role of litigation funding in tort and commercial litigation cases.
The United States Court of Appeals for the Fifth Circuit has ruled that a trial judge appropriately admitted surveillance videos of the plaintiff into evidence. The videos were taken in a case where the quality of life of the plaintiff after the accident was "hotly disputed." The videos showed…