Where decedent had filed a personal injury and loss of consortium case in West Virginia, settled that case, and then received a portion of the settlement proceeds before his death, the Court of Appeals affirmed dismissal of this Tennessee case filed by decedent’s heirs “seeking to have the settlement proceeds…
The Tennessee Claims Commission hears and adjudicates claims alleging that personal injury or wrongful death was caused by the acts or omissions of employees of the State of Tennessee. The Commission also hears worker’s compensation claims asserted by State employees and breach of contract claims when the State is a…
The Fifth Circuit Court of Appeals has ruled that a defendant in a state court lawsuit served with process can immediately remove to federal court before the in-state defendants are served and the federal court will assume control of the for the out-of-state party (ies). The decision is Texas Brine Company,…
Colorado’s highest court has ruled that in cases involving an unemancipated minor child, either the child or the child’s parents may recover the child’s pre-majority medical expenses Double recovery is not permitted. The case is Rudnicki v. Bianco. The Tennessee will be holding oral argument soon on a related issue…
I am pleased to announce the launch of BirdDog Law, a massive online resource center for Tennessee lawyers, particularly those who do trial work. The website includes free access to the Tennessee Rules of Civil Procedure, the Tennessee Rules of Appellate Procedure, and the Tennessee Rules of Evidence, as well…
Where plaintiff’s property was destroyed by a fire caused by a lightning strike, emergency responders could not cross a bridge to access the property and extinguish the fire due to flooding, and plaintiff had recently asked the State to modify the bridge due to concerns about flooding, dismissal of this…
I am pleased to announce, after over a year of work, that I have completed the creation of a new website for Tennessee lawyers. The website is called BirdDog Law. The website is designed to help Tennessee lawyers better serve their clients while saving themselves time and money. A major…
This is an article David L. Perlow, a board certified urologist practicing in the Atlanta area since 1983. The article appeared in the November 27, 2021 edition of The Washington Post. The full text of the article appears below. In 2012, Paul Kibbett checked into a California hospital to have…
Penny White, Joe Riley and I will be hosting our annual three-city, 15-hour seminar program again the Fall. The program will be held in-person in Knoxville (Dec. 2-3), Nashville (Dec. 9-10), and Memphis (Dec. 16-17. We will also be offering the same 15 hours of CLE via video. Those interested…
Where a minor child was injured while playing on a playground at a state park, and after the incident a park ranger admitted that the mulch under the playground was not thick enough but no prior notice of the mulch condition had been shown, plaintiff had not proven gross negligence…