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Articles Posted in Premises Liability

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Dog Bite Case Website

I admire people who have the foresight and courage to pick a practice area and learn it, inside out.  I greatly admire those who share the knowledge they have to help other lawyers and the public. Here is a fine example: Dog Bite Law by Kenneth Phillips.  He limits his cases…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 5

This is the fifth in a series of posts about changes in Tennessee statutory law of interest to tort lawyers.   For other changes click on the Legislation 2009 category. Tennessee has a "Ski Area Safety and Liability Act" codified at TCA Section 68-114-101 et seq.  Public Chapter 85 changes the…

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Memphis BBQ Causes Salmonella Infections

For the last five or six years my friend Bill Marler, food poisoning lawyer extraordinaire, and I have worked together on food poisoning cases.   Bill knows this area like the back of his hand and is widely understood to be the lawyer with the greatest expertise in this field.   One thing I really…

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TBA Journal – Recreation Limits Litigation

I write a quarterly column on tort law for the Tennessee Bar Journal.  The  column for the May edition of the publication discusses Tennessee’s recreational use statute, Tenn. Code Ann. §70-7-101 et seq, An excerpt: The Tennessee Supreme Court has interpreted the recreational use statute as one that gives rise to…

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SCOTUS Issues Opinion in Wyeth v. Levine

The U.S. Supreme Court has issued the opinion in Wyeth v. Levine,  the product liability case against the manufacturer of Phenergan.  Wyeth appealed from an adverse jury verdict saying that Levine’s failure-to–warn claims were pre-empted by federal law because Phenergan’s label was approved by the FDA. The USSC held that federal…

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Notice Requirement in Slip and Fall Cases

In slip and fall cases in Tennessee, one must either prove that the defendant created the condition or knew or should have known about the condition.  The latter may be proved by showing a pattern of conduct,  a re-occurring incident, or a general or continuing condition indicating the dangerous condition’s existence.  …

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