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Day on Torts

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Deterrence and the Tort System

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…

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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…

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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…

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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.…

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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…

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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…

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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…

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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.…

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