Successfully bringing suit in Tennessee for an injury or death allegedly caused by the acts or omissions of a governmental employee is more difficult than a claim against a private citizen or business. Consider, for example, the case of Lynch v. Loudon Cnty., No. E2013-00454-COA-R3-CV (Tenn. Ct. App. Dec. 17,…
Remittiturs are court-ordered reductions in a jury verdict because the trial judge thought that the jury awarded too much money in compensatory or punitive damages. They are a common sense, common law "tort reform" measure, designed to permit a judge who actually heard the evidence (or, in rare cases, the judges…
The sender of a text message to a person faces potential liability if the recipient of the message negligently causes a wreck injuring others, according to a recent opinion of the Appellate Division of the Superior Court of New Jersey. In Kubert v. Best, A-1128-12T4 (N.J. Sup. Ct. App. Div.…
State Farm, a leading auto insurer, has sued a referral service, chiropractic firm and others alleging, inter alia, that they engaged in a fraudulent scheme of referrals to and from a plaintiff’s firm that resulted in monetary loss to State Farm via it medical payments and personal injury protection (PIP)…
Tennessee law permits the recovery of punitive damages when a defendant has engaged in reckless conduct. Because the standard for criminally negligent homicide mirrors the standard for recklessness necessary to recover punitive damages, the Tennessee Court of Criminal Appeals’ affirmation of the guilty verdict against a criminal defendant in a recent case could…
U.S. Transportation Secretary Ray LaHood has announced a final rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action…
New York’s highest court has ruled that the claim of bus passengers injured in a single-vehicle bus wreck which sought to hold the bus manufacturer liable for the failure to install passenger seatbelts on the bus were not preempted by federal regulations promulgated by the National Highway Traffic Safety Administration (NHTSA). …
The old "every dog gets one free bite" rule was severely limited as a result of legislation enacted by the Tennessee General Assembly several years ago. In fact, the new law works to protect motorcyclists and bicyclists, too. Here are the new rules: 44-8-413. Civil liability for injury caused by dogs. …
The California Supreme Court has ruled that a truck driver may be held liable for parking his vehicle along a freeway to have a snack where regulations permitted only emergency parking. The entire opinion has a fascinating discussion of the law of duty, but the following gives you a flavor…
The Board of Commissioers on Grievances and Discipline of The Supreme Court of Ohio has released an opinion of the issue of whether, during settlement of a matter, it is ethical for a lawyer to propose, demand, and or agree to personally satisfy any and all claims by third persons…