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…
Articles Posted in Miscellaneous
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…
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…
Justice Programs Seminar 2009
Penny White, Joe Riley and I are on the road again this Fall for the 2009 Justice Programs seminars. This two-day, 15-hour is designed for Tennessee lawyers who do civil litigation and who are looking for substantive continuing legal education that will help them better serve their clients. We will be…
Death of a Giant of the Tennessee Trial Bar
Nashville trial lawyer John T. Conners, Jr. died yesterday in his home in West Meade. He would have turned 90 in March 2010. He was a name-partner at Boult Cummings Conners & Berry in Nashville and practiced law over 50 years.. To say that John Conners was an excellent lawyer is an…
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…
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…
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…
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,…
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…