Andrew F. Popper, a law professor at American University, has written an article entitled "In Defense of Deterrence." Here is an abstract of the article: The civil justice system deters misconduct. It generates far-reaching and positive market effects beyond victim compensation and recovery. Civil judgments, settlements, the potential for…
Day on Torts
Checklist For Avoiding Traps on Cross-Examination
The Cross-Examination Blog has published a helpful checklist on avoiding errors in preparing for and conducting cross-examinations that will be helpful to trial lawyers handling tort cases. The blog is written by Ronald Clark, the author of the Cross-Examination Handbook, which I reviewed last year. Here is the review. Ronald…
Tennessee Counties With No Jury Verdicts for Plaintiffs
What to know more about the explosion of personal injury and wrongful death jury verdicts in Tennessee? A report released by the Tennessee Administrative Office of the Courts revealed that the following Tennessee counties did not award one penny in damages in any tort case for the year ended June…
$1,000,000 Verdicts in Tennessee Tort Cases
There were ten jury and non-jury awards of $1,000,000 or more in Tennessee tort cases in the year ending on June 30, 2011. The number of million dollar verdicts was exactly the same as it was ten years earlier, a year when there were 50% more trials. These are the…
Damage Awards Decline Substantially in Tennessee Tort Cases
Tennessee jury verdicts were down substantially in 2010-11, according to data released by the Tennessee Administrative Office of the Courts. Total damages awarded in tort cases in state court were only $32,051,326, down by a little over 60% from a year earlier, when the total damages awarded was over $91,000,000.…
Number of Jury Trials Continues to Decline in Tennessee Tort Cases
The number of jury trials in Tennessee tort cases continues to decline, according to data released by the Tennessee Adminstrative Office of the Courts. In the one year period ending June 30, 2011, there were only 222 jury trials in tort cases in Tennessee state courts. Ten years ago, the…
Personal Injury Filings Decline Again in Tennessee
New data out from the Tennessee Administrative Office of the Courts puts data behind what those of us who practice tort law knew: tort filings are down in Tennessee. The AOC’s Annual Statistical Report shows that tort filings for the one year period ending June 30, 2011 were 10,576. Ten…
Damages for Death or Serious Injury of a Homemaker
We all know that the services provided by homemakers have a substantial value, but this article from Vestopedia puts some numbers on it. The author notes that " The life of a homemaker is one that includes an endless amount of demands and to-dos. Depending on the size of the…
Arkansas Supreme Court Limits Legislature’s Efforts To Determine Who Can Testify As An Expert
The Arkansas Supreme Court has rejected an effort by the Arkansas Legislature to define who is permitted to give testimony as an expert witness in a medical malpractice case. Broussard’s medical malpractice case was dismissed on summary judgment after her expert witness was excluded under Arkansas Code Annotated section 16-114-206 (Repl.…
Burger With Everything – Hold the Loogie
It takes a particular type of jerk to project a loogie onto a hamburger that is being served to another person. (I guess you would never do that to a hamburger you intended to eat yourself.) And there is a relatively small subset of jerks who would do this…