Client loses products liability case on summary judgment. Client gets different law firm and sues expert and expert referral service, saying that expert was unqualified and misrepresented qualifications. Client does not sue lawyer. Expert and expert service then sued the plaintiff’s lawyers for equitable indemnification, saying that the lawyers should…
We can’t always talk about negligence and other tort law topics. Here is a fascinating article by Frank Rich.
I apologize for the absence of a post yesterday. I got to the office at 7:00 a.m. and sat down to do a little fact research on the computer. I got wrapped up in that research and it gave rise to re-writing two motions on discovery issues in a pending…
This should scare the hell out of every one of us who try lawsuits for a living and have to rely on or fight against “scientific studies.” This article from the Washington Post tells us that (a) “more than 5 percent of scientists answering a confidential questionnaire admitted to having…
I argued a case before the Tennessee Supreme Court yesterday, and reflecting on that experience last night gave rise to several thoughts that I would like to share. First, although I have had the opportunity to argue cases before the Court in the past, yesterday is a particularly memorable experience.…
The Internet is the great equalizer. It allows solo practioners in Burning Stump, Tennessee to have access to the same information available to the biggest law firm in the biggest bank building in the the biggest city. All you need is a computer, an Internet connection, and time. Gloria Miccioli,…
I would say that this is a familiar story, but that would only be partially correct. Ok, it starts out familar. Man has affair. He says he loves his girlfriend. He says he is going to leave his wife. He leaves his wife. He and his lover live together. They…
That’s right. I just finished a ten-day vacation and now I have decided to take Saturday off. I can’t help it. I have a hearing that will consume June 2, 3, 6 and 7, an argument in the Tennessee Supreme Court on June 8, and a mediation in a major…
I was out of town for ten days on what I believe was a well-deserved vacation. I got back in town Saturday night. Sunday morning my wife and I got on our motorcycles and had a beautiful ride through rural Middle Tennessee. The honeysuckles are in bloom; the smell is…
You cannot count on getting more time to do “discovery” in response to a motion for summary judgment. In Guzman-Ruis v.. Hernandez-Colon the defendant filed motion for summary judgment. Plaintiffs received one extension of time to respond, but failed to respond by the extended deadline. Some two months later, plaintiffs…