Justice Birch resigned yesterday; the effective date of the resignation is August 31, 2006. Justice Birch has served the State of Tennessee as a judge for 43 years, beginning as a General Sessions Judge, then serving 9 years as a trial judge and 19 years as an appellate judge. [Bio]…
Articles Posted in Miscellaneous
Summary of Significant Worker’s Comp Opinions
Many tort lawyers in Tennessee also handle worker’s compensation cases. Here, for your reading pleasure, is a summary of the significant worker’s compensation opinions issued by the Tennessee Supreme Court in 2005 as prepared by the Tennessee Workers’ Compensation Advisory Panel.
Justice Anderson To Step Down
The State of Tennessee suffered a blow yesterday when Justice E. Riley Anderson announced that he was stepping down effective August 31, 2006. Justice Anderson, from Oak Ridge, has served on the Supreme Court for over 15 years and, earlier, served on the Court of Appeals for 3 years. [Bio]…
“Gratuitous Undertaking” Lawsuit
Here is an interesting decision by the First Circuit Court of Appeals that discusses the liability of a property appraiser who told the plaintiff that “‘he could not himself perform the appraisal’ but [said] that ‘he would find another appraiser and would supervise and review that appraiser’s work.'” Well, the…
Wendy’s Finger Case – Pair Sentenced
I have written about the finger-in-the-chili case several times, including this post , and this one, and this one. Now, Anna and her husband have been sentenced to nine years in prison. Read more here. I said early on that if this woman (or anyone else) falsifies a claim in…
Post Status
No substantive post today. I went to Knoxville last night to attend a mediation today (Thursday) of a case I am involved in Maryville. The case did not get resolved but I enjoyed getting to spend some time with my co-counsel (from Seattle) and our client.
A Blunder By Senator Cornyn
Here is a good reason never to refer to someone by a nickname in private unless you would feel comfortable calling him that name to his face.
A Day Off
I have two depositions today and need a little more time to prepare No post today. I would point out, however, that the Tennessee Trial Lawyers Mid-Winter Convention has a good line-up of speakers and topics this year. The seminar is February 1 in Nashville. See a brochure here.
Amendments to Rules of Procedure Adopted By Court
The Tennessee Supreme Court has approved amendments to the rules of appellate procedure, civil procedure, juvenile procedure, and evidence. The rules will not take effect until they are approved by the General Assembly. The proposed effective date is July 1, 2006. The most significant change concerning the duty to supplement…
Tort Law and the Constitution
When should a court rule that a state statute “reforming” tort law (i.e. a law restricting the rights of tort victims) violates our constitution? Here are three interesting articles that discuss the issue, including one from my buddy John Vail in D.C.