Investigations following the collapse of the bridge in Minneapolis will tell us how it occurred and whether anyone bears responsibility for the failure. In Tennessee, it would be very difficult for a case to be brought the most obvious potential defendants. Our state and local governments have a damage cap that make…
This post has nothing to do with torts, except perhaps the tort of outrage. But I read about this op-ed piece in Trial Ad Notes, and thought that at least some of you would enjoy it. John Koppel, who has served at the Department of Justice for over 25 years, doesn’t…
It is not uncommon for plaintiffs in personal injury cases to get into financial problems. Medical bills need to be paid and the injured person’s income is often disrupted and may be nonexistent. But, this opinion makes it clear that the failure to disclose the existence of the pending personal…
The Tennessee Supreme Court will hear arguments in the following cases that are of interest to tort lawyers in Knoxville on September 6: Konvalinka v. Chattanooga-Hamilton County Hospital Authority – (Swiney, author) (Susano & Lee) – 1. Whether the Court of Appeals erred in holding attorneys John Konvalinka and Jennifer Lawrence in…
Ken Shigley has an interesting post listing some poll results that have been circulated in AAJ materials in recent days.
Former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley and I are sponsoring our annual "Justice Programs" seminars again this Fall. Here is the schedule for this two-day, fifteen-hour program. First Day 8:00 – 8:30 Registration 8:30 – 10:15 Tort Law / Comparative Fault…
I have been in Chicago for the last four days, attending the Board meeting of the National Board of Trial Advocacy and spending time with my son , MIchael. We saw the Cubs beat the Astros Saturday afternoon and took in a street fair in Chinatown yesterday. It was a…
You know the general rule: absent a special relationship, one person does not have a duty to come to the aid of another. You can see someone drowning, calling out for help, and simply walk by listening to your Ipod and taking a another lick of your Maggie Moo’s ice cream…
Here is a follow-up story on my earlier post about a lawyer who indicated that a judge was a few fries short of a Happy Meal.
The General Assembly has approved changes to the Rules of Evidence, the Rules of Civil Procedure, and the Rules of Appellate Procedure. Perhaps the most significant change for practicing lawyers is the amendment to Rule 15 of the Rules of Civil Procedure, which provides that "For amendments adding defendants pursuant to…