Check out Practical Procedure and Evidence for a post about a fight over the meaning of “double spacing” in the local rules for the United States District Court for the Western District of Tennessee.
Updated:
Day on Torts
Updated:
Are You Using BirdDog Law?
BirdDog Law is my creation to help Tennessee lawyers help their clients. The site is full of free resources. For example, use these links to access the following: Tennessee Rules of Civil Procedure Tennessee Rules of Civil Procedure Adapted for use in the Tennessee Claims Commission Tennessee Rules of Evidence…
Updated:
Statute Extending Statute of Limitations Does Not Extend Time for Service of Process
Where a car accident plaintiff filed suit, had service issued but not served, and then failed to have new process issued within one year from the issuance of the first service, the plaintiff could not rely on the fact that defendant received a traffic citation in the accident to extend…
Updated:
Are You Reading Practical Procedure and Evidence?
About eight months ago I started another blog, Practical Procedure and Evidence. I blog about issues relating to civil and appellate procedure and evidence that impact civil trial lawyers in Tennessee. Here are some recent posts: When is a Mistrial Appropriate? Motion to Dismiss for Lack of Personal Jurisdiction. Court…
Updated:
Summary judgment for car accident defendant reversed.
Where a car accident plaintiff responded to a motion for summary judgment by relying on his own deposition testimony and defendant’s interrogatory responses, the Court found that he had created a genuine issue of material fact. In Arnold v. Malchow, No. M2022-00907-COA-R3-CV (Tenn. Ct. App. Aug. 9, 2023), a pro…
Updated:
Summary judgment overturned in car accident case.
Where there were questions of fact regarding how much mud was on a road and whether defendants were the cause of the mud, the Court of Appeal reversed summary judgment for defendant trucking company in a car accident negligence case. In Sullivan v. Carden, No. E2022-01234-COA-R3-CV (Tenn. Ct. App. Sept.…
Updated:
Summary judgment affirmed in Tennesssee informed consent case.
Where plaintiff signed an informed consent document and failed to present any expert testimony regarding the sufficiency or circumstances of the document, summary judgment for defendant on plaintiff’s informed consent HCLA claim was affirmed. In Jarnagin v. Vanderbilt University Medical Center, No. M2022-01012-COA-R3-CV (Tenn. Ct. App. Aug. 31, 2023), plaintiff…
Updated:
Statutory immunity provisions related to health care powers of attorney did not prevent inquiry into whether decedent had mental capacity to execute power of attorney.
Where an arbitration agreement had been signed by a decedent’s attorney in fact upon the decedent’s admission into a nursing home, and on a motion to compel arbitration filed by the nursing home the trial court considered evidence on whether the decedent had the mental capacity to execute the power…
Updated:
Defendant waived appellate arguments by failing to renew motion for directed verdict or file motion for new trial.
Where defendant moved for a directed verdict after the close of plaintiff’s proof but failed to renew the motion at the close of all proof, and did not file a post-trial motion seeking a new trial, defendant waived review of the denial of the motion for directed verdict as well…
Updated:
Tort proceeds belonged to decedent’s estate rather than surviving spouse.
After decedent was killed when hit by a vehicle while riding her bicycle, her surviving spouse brought claims against various parties, including a claim against decedent’s insurance provider for negligent misrepresentation and negligent failure to procure insurance. Because these claims were based in tort rather than wrongful death, the Court…