The General Assembly has ratified changes to the Tennessee Rules of Evidence, Civil Procedure, and Appellate Procedure. Here is the Order setting forth the rules changes for the TRE, TRCP, and TRAP. The most significant change for tort law practitioners is the change to TRCP 59.07. This language will be…
The American Bar Association has released four additions to its "Civil Trial Standards." The new standards addresss these topics: Use of Tutorials to Assist the Court, Summary Exhibits and Witnesses, Organizing the Complex Case for Trial, and Judicial Involvement with Settlement. Some of the earlier standards (Juror Notebooks, Juror Questioning…
The risks of pushing through the envelope at trial are discussed in this opinion from the Ohio Supreme Court: "In addition to the excessive damages given under the influence of passion or prejudice, the trial court detailed the misconduct of McLeod’s counsel. Civ.R. 59(A)(2). The court described counsel’s conduct as “discourteous”…
You have the smoking gun email. Now, what do you do with it? The law of discovery, good old fashioned hard work and a little luck can lead to fantastic evidence. But great evidence in your briefcase doesn’t win cases at trial – you have to know how to get that evidence…
The highest court of New York has ruled that a "high-low" agreement must be disclosed to the judge and to non-settling defendants. This is what the Court said: To ensure that all parties to a litigation are treated fairly, we hold that whenever a plaintiff and a defendant enter into…
The penalty for violating the rules of cross-examination and closing: reversal. Here is how the Court described the violation: "the cross-examination of [defense expert] Dr. Ramirez went beyond permissible grounds on the issue of bias and amounted to a prohibited attack on Dr. Ramirez’s character when plaintiff’s counsel repeatedly argued…
Plaintiffs in Indiana had a $39 Million verdict reversed because of the failure to disclose the name of a witness. Plaintiffs were injured in a car wreck with a driver who was operating his vehicle under the influence of alcohol. They sued the restaurant where the driver had been drinking alleging…
I remember years ago trying a case against a well-known lawyer in Nashville (who is still practicing, by the way.) I moved in limine to prevent certain testimony from being introduced into evidence; my motion was granted. Later that day I saw the witness in the hallway who would have…
How do you get computerized records into evidence? A recent case, In re: Vinhnee, 2005 WL 3609376 (B.A.P. 9th Cir. Dec. 16, 2005), has an extended discussion of the issue. This case conflicts with the law in our federal circuit, United States v. Salgado, 250 F.3d 438, 453 (6th Cir.…
The Rhode Island Supreme Court has ruled that a plaintiff who is injured in a slip and fall accident at a restaurant is entitled to a spoliation instruction if the restaurant, contrary to policy, did not prepare an accident report. The Court re-affirmed existing law in the state which provided…