I readily and proudly admit to being a plaintiff’s lawyer. And, I confess, from time to time I have taken what some would argue as "aggressive" positions on the responsibility of certain defendants to warn others of the risk of harm. However, the most aggressive plaintiff’s lawyer on the…
On June 15, 2010 I reported that SVMIC, the bedpan mutual that insures the vast majority of Tennessee doctors, reduced its rates by 23.1% . I also reported that the company declared a $20,000,000 dividend. The net effect of the dividend means that policyholders with a history of no paid claims will receive…
I have good news for all of you who pre-ordered a copy of Day on Torts: Leading Cases in Tennessee Tort Law: the book arrived from the printer on Monday and the vast majority of the advance sale copies were shipped out the same day. The balance of the advance…
I file lawsuits for a living. Thus, I understand that reasonable minds often differ about whether there is liability in a given situation, often because there is a dispute about the facts. I also understand the idea of pushing the legal envelope – of attempting to expand the law to create…
Are you a male lawyer who finds a woman in your office particularly attractive? Are you weird enough to even contemplate secreting a camera under her desk and filming … whatever? Well, it allegedly crossed the mind of this Atlanta tax lawyer, and he is accused of actually putting…
The Tennessee Administrative Office of the Courts has released a database that allows the public to see what number of cases were closed in each judicial district and by each of the trial judges in the state. The database allows searches by judicial district or by judge. When a judge’s…
The horrible flooding in Nashville has delayed our printer’s ability to finish the 3rd edition of Day on Torts. It now looks like we will not be able to ship the book until May 28, 2010. Day on Torts: Leading Cases in Tennessee Tort Law consists of a summary…
You haven’t seen much about it in the press yet, but BP has the benefit of a cap that will probably limit its liability for the oil spill in the Gulf. Section 1004 of the Oil Pollution Act (OPA), passed into law in August 1990 after the Exxon Valdez incident, limits…
The National Highway Traffic Safety Administration (NHTSA) is seeking the maximum civil penalty of $16.375 million against Toyota Motor Corporation for failing to notify the auto safety agency of the dangerous “sticky pedal” defect for at least four months, despite knowing of the potential risk to consumers. Approximately 2.3 million…
Dan Pollitt, a law professor at the University of North Carolina School of Law, has died at the age of 88. Professor Pollitt was my Constitutional Law professor and, as explained in this obituary, he spent "a lifetime of defending civil rights, civil liberties, and fighting injustices in local, state…