The defendant and his law firm was hired to bring a wrongful death action for decendent’s (Anderson’s) estate and to assert loss of consortium action by Anderson’s wife. The case was dismissed, arguably after the experts in the case were thrown out after a Daubert challenge.. Lawyer did not timely…
Associate’s Mind is a fine blog that is well worth adding to your RSS feed list. Today’s post, Becoming a Good Lawyer Requires Failure, is an exceptional piece. Do not be mislead by the headline, which I suspect was selected to grab attention (and it does. Readers will be happy to…
The Court of Appeals of Mississippi has ruled that a plaintiff injured when her vehicle collided with a horse on a dark roadway must prove that the horse owner was negligent is allowing the horse to be on the road. In other words, the mere fact that the fence did…
The Fourth District Court of Appeals for Florida has ruled that a non-settling defendant cannot obtain a court order forcing disclosure of confidential settlements between the plaintiff and settling defendants. Plaintiffs were involved in an auto accident that was allegedly caused by tire failure. They sued the car…
I read a tweet the other day suggesting that a lawyer should have had an appellate lawyer present at trial. I cant remember who wrote the tweet but, if I had to guess, it was an appellate lawyer. I guess an appellate lawyer will do you some good at trial…
New York’s highest court has ruled that the claim of bus passengers injured in a single-vehicle bus wreck which sought to hold the bus manufacturer liable for the failure to install passenger seatbelts on the bus were not preempted by federal regulations promulgated by the National Highway Traffic Safety Administration (NHTSA). …
Fortunately, things are so good in Tennessee that the General Assembly has seen fit to take time to limit the responsibility of bovine owners. For you city folk, cows, buffaloes and oxen are known as bovines. The new law, codified at T.C.A.Sec. 44-21-101 et seq, provides that "no person shall…
Two lawyers who have been involved in an arbitration and federal court battle over fees from Fen-Phen cases appear to be at the end of the litigation road. The Tenth Circuit Court of Appeals recently upheld an arbitration award of over $8 million dollars, finding that one lawyer breached a…
Tennessee summary judgment law changed on July 1, 2011 to allow the use of "put up or shut up" motions. (The law only applies to cases filed on or after July 1.) This change will increase the use of summary judgment motions in Tennessee and will probably result in…
In medical negligence cases in Tennessee there is often a dispute about whether the plaintiff can recover the amount of the medical charges or the amount actually paid by the private insurer or governmental entity like Medicare. This is a recent brief on the subject prepared by Brandon Bass, a…