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Articles Posted in Miscellaneous

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New Attorney General Opinion on Railroad Crossings

The Tennessee Attorney General’s Office has issued an Opinion that provides that "Tenn. Code Ann. § 65-12-108 does not require a train engine operator to blow a train’s whistle or horn before crossing a private drive.  Tenn. Code Ann. § 65-12-108 only requires that a train engine operator blow a whistle or…

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Letter to the Tennessee Supreme Court

 The Tennessee Supreme Court has published a proposed re-draft of Rule 27, the rule which addresses the process of judical evaluation.  Set forth below is my letter to the Court that addresses one phrase in the proposed rule.  NOTE:  this letter was written in my individual capacity and not as…

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Bologna Sandwich Case – More Than Meats the Eye

For decades people have spread false or half-true stories about lawsuits.  Here is the latest one I heard the other day on a talk radio show: A prisoner filed a $3M lawsuit alleging that a prison guard forced him to rub his bologna sandwich on his (the prisoner’s) penis and then…

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Judicial Performance Evaluation Commission Members Announced

Last week I filed a post on the new members of the Judicial Selection Commission.  Today, the appointees to the Judicial Performance Evaluation Commission were announced. The Judicial Performance Evaluation Commission, which replaces the Judicial Evaluation Commission, evaluates the performance of the appellate level judges who are up for re-election. Prior…

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September 2009 Tennessee Trial Law Report is in the Mail

The September 2009 edition of the Tennessee Trial Law Report is in the mail. The lazy days of summer are upon us – this edition includes a summary of just 10 different cases addressing various aspects of the law of torts, civil procedure, evidence and trial as decided by Tennessee…

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New Judicial Selection Commission Members

  The new members of the Tennessee Judicial Selection Commission have been announced. Lt. Governor Ron Ramsey appointed the following people: Miles Burdine, President and CEO of the Kingsport Area Chamber of Commerce Christopher Campbell, a Memphis attorney Christopher Clem, a Chattanooga attorney William Jenkins, Jr., a Dyersburg attorney Teresa…

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Thank You

Last week I received a letter informing me that I had been selected  for inclusion in the 2010 edition of Best Lawyers in America.   I have been fortunate to have been included among this distinguished group of lawyers since 1993. This year I have been listed in the specialties of Bet-the-Company Litigation,…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 7

Here is Post 7 of recent changes to statutory law in Tennessee that I think will be of interest to tort lawyers.  As I have said in the last six posts,  you can read about additional changes in the law under the Legislation 2009 category. Public Chapter 206  changed the…

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