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Articles Posted in Miscellaneous

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Thinking About the Lack of a Duty to Rescue

I participated in a panel discussion at a local high school a week or so ago.  The attendees were high school students and their parents.  The other participants on the panel included a local juvenile court judge, a police officer, and an assistant district attorney. Some of the questions included…

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Will Rush Apologize? Will Al Sharpton Sue if Rush Does Not?

Rush Limbaugh is a gifted entertainer who has a propensity to say some pretty ridiculous things. That being said, it is pretty hard to be on the radio for three hours per day and not say some ridiculous things, especially when you have to appease an audience that feeds off…

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October 2009 Tennessee Trial Law Report

The October 2009 edition of the Tennessee Trial Law Report  is in the mail. This edition includes a summary of 17 different cases addressing various aspects of the law of torts, civil procedure, evidence and trial as decided by Tennessee appellate courts between August 15 and September 15, 2009. The newsletter totals…

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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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