What is the principle place of business for a corporation for purposes of determining whether a federal court has diversity jurisdiction under 42 U.S.C. Sec. 1332(c)(1)? Well, what you thought you knew is no longer the law. The United States Supreme Court ruled yesterday that the phrase "principal place…
Truck drivers who text while on the road are now violating federal law. On January 26, 2010, the federal Transportation Department said it is prohibiting truck and bus drivers from sending text messages on hand-held devices while operating commercial vehicles. Tennessee banned texting while driving effective July 1, 2009. The Transportation…
As a Tennessee injury lawyer I receive calls from time to time from parents of children who have been injured by a foster parent. Indeed, several years ago our firm represented a parent of a pregnant teenager who was killed as a result of careless driving by her foster parent.…
If you do not regularly read Max Kennerly’s Litigation and Trial blog you are not taking advantage of a wonderful opportunity to learn. I have never met Max, but his blog is well-written, thoughtful, and informative. Need to be convinced? Read his post titled "Always Draft Angry Briefs. Never File…
There was a big conference in Washington, D.C. this week that addressed cell phone use and texting and how these practice impaired a driver’s ability to focus on the safe operation of his or her vehicle. The two-day summit brought together safety experts, researchers, industry representatives, elected officials and members…
The Tennessee Supreme Court has published a proposed re-draft of Rule 27, the rule which addresses the process of judical evaluation. Set forth below is my letter to the Court that addresses one phrase in the proposed rule. NOTE: this letter was written in my individual capacity and not as…
The American Association for Justice has issued a report called "Warning! Safety Violation Ahead." The report reveals that "a new analysis of government data reveals that more than 28,000 motor carrier companies, representing more than 200,000 trucks, are currently operating in violation of federal safety laws." The safety violations include…