We have "Metoo" motions in Nashville. They usually occur when one defendant takes the time to draft and file a motion and memorandum and the co-defendants file papers that simply say "Metoo." But a "Metoo" motion has a special meaning Up North. Or, should I say, it will from now on.…
The Illinois Supreme Court held that it was not appropriate to certify a class of personal injury plaintiffs who received injuries as a result of chemical exposure after a train derailment. The holding: "Although proof of the cause of the derailment will be relatively straightforward, this alone will not establish…
Well, yesterday I had to be a lawyer again, taking a deposition in a matter pending in Bankruptcy Court where we have been hired to represent the Trustee. I find myself doing more and more commercial litigation and, quite frankly, it is quite enjoyable. I majored in business and economics…
Law.com has published an interesting article titled "Who Killed the Mass Tort Bonanza?" The opening paragraph: "The power of the plaintiffs bar is on the wane in this country, and will be for a long time to come." Followed shortly thereafter by this: "Neither [business interests or trial lawyers], however, would…
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"…