John Travolta, one of the better known actors in the world, has been hit with two lawsuits alleging that he engaged in sexual misconduct. The allegations come from two masseurs who, so far, have refused to reveal their names. In one case, the masseuse claims that Travolta solicited sexual conduct…
Tennessee personal injury lawyers know that the Tennessee General Assembly is a far different place than it used to be. The Legislature is determined to change the rules of tort litigation for the benefit of defendants and those who would be defendants. What follows is a list of legislation enacted…
Today, May 4, 2012, is the 20th anniversary of the landmark McIntyre v. Balentine opinion, the case where the Tennessee Supreme Court adopted modified comparative fault. All in all, most would say that the comparative fault scheme in Tennessee improved the quality of the civil justice in Tennessee. I agree. For…
T.C.A. Section 20-1-119 is one of the most important statutes for those of us who practice personal injury law in Tennessee, and the recent Mills v. Fulmarque opinion issued by the Tennessee Supreme Court has changed the way many people thought about this statute. Subject to several important limitations, the…
Tennessee personal injury lawyers will read with interest this opinion from the Maryland Court of Appeals that declares that pit bulls are inherently dangerous and thus are not subject to the "first-bite" rule. In Tracey v. Solesky, No. 53 (MD. Ct. of App. Apr. 26, 2012) the dog bite…
The National Practioner Data Bank, the entity that gathers data about medical malpractice claims, reports that paid medical malpractice claims continue to drop. In 2001, the total number of paid claims was 20,319. In 2010, the number had dropped to 13,277. Now, a new report released by Kaiser citing data…
Tennessee has a goofy rule concerning expert witnesses that, to my knowledge and belief, exists in no other state. Tenn. Code Ann. § 29-26-115(b) requires any expert witness in a medical malpractice state to practice in Tennessee or a border state unless the trial court “determines that the appropriate witnesses otherwise would not…
"1-800-Ask-Gary" is a medical and legal referral service in Florida founded by Sarasota chiropractor Gary Kompothecras. If you have been to Central Florida you have seen their billboards, television ads and radio ads. Television ad costs exceed $12M per year. Business must be good – last June Kompothecras paid a little…
Tennessee law requires that the plaintiff present expert proof that the defendant violated the standard of care applicable in the community in which the care was given at the time the care was given. Proof of the standard can come from an otherwise qualified expert who knows the standard of…
The Pop Tort has done a nice job collecting information about Americans Legislative Exchange Council (ALEC), the corporate, right-wing group that sponsors a terrible array of legislation that has found its way to the Tennessee General Assembly. Read and learn about the dirty underside of our poliltical process.
