The Supreme Court of Connecticut recently determined that a cause of action exists for intentional spoliation of evidence. Plaintiff was hurt in a ladder incident (it collapsed), filed suit, and repeated asked the defendant to preserve the ladder and requested the opportunity to inspect it. Defendant’s expert examined the ladder,…
Some of you will recall that a couple of years ago former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley and I started "Justice Programs." For the third consecutive year Justice Programs is offering a 15 hour seminar program in Memphis, Knoxville, Chattanooga and…
Plaintiff filed a wrongful discharge and whistle-blower suit against his employer. The employer sent him a letter advising him to preserve all data on his company-issued laptop (which Plaintiff retained in his position for a period of time after the litigation began). Plaintiff destroyed 2200 personal files of data before…
How can a Rule 10 opinion be noteworthy? Those of you who have no life other than the law know that a Rule 10 opinion is one that "shall not be published, and shall not be cited or relied on for any reason in any unrelated case." So why discuss it…
On June 21, 2006 I wrote a post about the status of prejudgment interest in Tennessee. The recent case featured in that post was Francois v. Willis, No. M2005-01263-COA-R3-CV (June 6, 2006). The Tennessee Supreme Court has denied the plaintiff’s Rule 11 Application in the case. So, is prejudgment interest…
This morning my wife and I leave on what I think is a well-deserved vacation. I turn 50 years old on Thursday and my wonderful wife is taking me to the Canadian Rockies to celebrate. One year ago she made booked a room for us at the Moraine Lake Lodge,…
The only thing better than Notre Dame losing is Notre Dame losing at home.
Nancy Grace, who brings disgrace on herself and on her profession every time she appears on television, is embroiled in another controversy. This time, it is the death of Melinda Duckett, an interviewee on Grace’s show who committed suicide. Those of you who believe that Ms. Grace defines everything that…
Bruce Braley is running for Congress in Iowa. His Republican opponent is a lawyer. Bruce is the subject of this attack ad – a real cheap shot considering it comes from a Republican who had enough intellect to attend Harvard Law School. I know Bruce – he is a good guy who…
Did you see that Glaxo has agreed to pay the IRS $3.4 billion dollars in past due taxes? Read more here. Glaxo had estimated that it might be on the hook for $15 billion. The good news for Glaxo is that paying the money will not have any significant impact…