Day on Torts

Max Kennerly has  a great post on a study on medical malpractice that was recently published in the NEJM.  Read it here.

In Wright v. Wright,  No.  M2008-01181-SC-Rll-CV (Tenn. March 29, 2011) the Tennessee Supreme Court  explains how trial courts should determine a “reasonable” attorney’s fee amount when the attorney represents a minor. Trial courts and lawyers should know: (1) an evidentiary record should be made in support of an attorney’s fee…

The Tennessee Court of Appeals has ruled that if it is undisputed that the defendant caused circumstances requiring diagnostic tests to rule out injuries, and the undisputed evidence shows that those tests were reasonable and necessary, a trial court cannot affirm a jury verdict of $0 damages.  The trial court…

A recent opinion of the Tennessee Court of Appeals in case reminds us that a company’s internal policies, while not dispositive, are relevant to the standard of care for its employees. After a bench trial, the trial court found Defendant was not negligent, and the Court of Appeals reversed based…

Several months ago I reviewed a book called "Cross-Examination Handbook."  Now, the authors of that book have a blog aaptly called the "Cross-Examination Blog." The site is a great place to keep up to date on this important issue.  Add it to your regular reading list.

A juror faints during a lawyer’s opening statement.  Lawyer happens to be discussing how a traffic accident left Gary Pettet with rotting flesh and bone after 12 surgeries.  Ultimately, the damaged leg was amputated. Defense counsel blamed the heat in the courtroom.  I know the Plaintiff’s lawyer, and I guarantee there was…

Evan Shaeffer wrote a book called Deposition Practice Tips.  Certain excerpts from the book appear here.  I want to focus on Section 1.111,  which Evan titled "Can You Wing It At A Deposition?" Here, in bold print,  is his work:     Can you wing it at a deposition? Undoubtedly,…

I serve on the Standards Committee of the National Board of Trial Advocacy, a division of the National Board of Legal Specialty Certification.  Our members have a duty to report legal malpractice claims that have been filed against them, so from time to time I see claims filed by liability…

Gregory Joseph’sComplex Litigation Blog brought my attention to  this important decision.  Quagliarello v. Dewees, 2011 U.S. Dist. LEXIS 78870 (E.D. Pa. July 20, 2011) is a § 1983 action against a police officer but addresses a situation that plaintiff’s lawyers address everyday when a potential client shows up with a bunch…

The recent decision  of the Tennessee Court of Appeals in Joshua Cooper, et al. v. Logistics Insight Corp., et al., No.  CV (Tenn Ct. App. May 16, 2011) potentially upsets the apple cart for workers’ compensation liens on third-party tort recoveries. The prevailing view for a decade has been that the…