In Pruitt v. Hancock Medical Center, NO. 2005-CA-00132-SCT (Miss. S. Ct. 11/16/06), Plaintiff had a personal injury claim that was not disclosed in a bankruptcy filing. The injury occurred before the bankruptcy petition was filed. She received a discharge of her debts in her Chapter 7 proceeding, and then took…
The Federal Rules of Civil Procedure are being changed to make them more readable. This post from Trial Ad Notes discusses the change and gives an example on how Rule 6 would be re-written. All 250 pages of the proposed revisions may be found here. The rules are still in…
Several times in the last few months I have posted blue-chippers in a new format. (For those of you who do not know what a blue-chipper is read this post). Examples can be found here, here, and here. My question to you is this: do you like this format? Is…
The South Carolina Supreme Court has ruled that a spectator at a hockey game may not sue when he is hit in the face by a puck, and cited Tennessee law in reaching its conclusion. The South Carolina Court said: "Primary implied assumption of risk arises when the plaintiff impliedly…
Ok, this is your last Justice Programs seminar post of the year. This week (Thursday and Friday) we are in Nashville and are almost sold out. We have a few spots left at chairs with tables and then we will have to put attendees in chairs without tables. We booked…
I enjoyed Cyrus Dugger’s op-ed piece from The West Virginia Record and thought you would, too. An excerpt from "Sue as I say, not as I sue:" "It is striking, however, how quickly those who advocate for tort "reform" are willing to change their tune. While they publicly "speak out"…
I will not be blogging for a few days. I am taking today off for Thanksgiving and tomorrow morning I am off to Mexico where I will be speaking at a seminar on tort law to some Tennessee lawyers who also have an interest in diving. I will be speaking …
I am pleased to announce that I have been elected to membership in the American Law Institute. The ALI is the organization that creates the Restatements of the various areas of the law and participated in the creation of the Uniform Commerical Code, the Model Penal Code, and numerous other…
Read the story here in the Chicago Tribune.
The Tennessee Court of Appeals has ruled that a minor can sue to recover medical expenses paid to treat injuries received by the minor as a result of the negligence of another. Although most of us (at least those of us who represent plaintiffs) have thought this was probably the…