Among the actions taken by the ALI at the meeting in San Francisco this past week was the rejection of the need for the magic words "reasonable degree of medical certainty." The following language was approved for Section 28(a) of the Restatement of Torts Third: "Subject to Subsection (b), the…
I am still in San Francisco at the ALI meeting. Last night we had a reception at the Legion of Honor and then dinner at the Boulevard. On today’s agenda are discussions of proposed restatements on the law of nonprofit organizations, aggregate litigation (class actions) and restitution and unjust enrichment. …
I am in San Francisco attending my first meeting as a member of the American Law Institute. Yesterday I attended a meeting of the Members Consultative Group for the Restatement Third, Economic Torts and Related Wrongs. We spent two hours debating five black-letter law sections of a draft of the…
Some of you have looked at the upper right-hand corner of this blog and noticed that our firm name has changed to The Law Offices of John Day, P.C. Those of you on our announcement list received a more formal notice last week. What’s going on? John Branham, the gentleman I…
Is this the worst lawyer ad of the year? I hope so. Here is the owner of the offending law firm. I am sure she is proud of herself – she has managed to accomplish in one ad what she apparently cannot establish by her work product. Fame. I hope…
The Tennessee Supreme Court hears oral arguments in Nashville on June 5, 6 and 7. Here is a list of the tort cases which will be heard and the issues to be determined in each case: * Simpson Strong-Tie Company v. Stewart, Estes, & Donnell – Rule 23 Middle District…
Each year the Chamber of Commerce surveys corporate general counsel and "senior litigators" to "to explore how reasonable and balanced the tort liability system is perceived to be by U.S. business. " The bottom line from the executive summary: "There has been an improvement in how the senior attorneys surveyed…
Florida’s Supreme Court has put its foot down on judges and clerks that seal records. It has adopted interim amendments to Florida Rules of Judicial Administration 2.240 to articulate the circumstances under which court fiings can be kept secret from the public. The Court describes the amendments as requiring the following:…
I have been in Destin the last few days. KATA and TTLA had a joint seminar at the Hilton. I spoke Tuesday morning, had dinner with friends last night, and came back today. Back to work!
Slate has published this article about Monica Goodling and the Regent University School of Law. Did you know that "[u]nder Ashcroft, career lawyers were systematically fired or forced out and replaced by members of conservative or Christian groups or folks with no civil rights experience. In the five years after…