Articles Posted in Miscellaneous

Use this link to access a free version of the Tennessee Code. This site allows ready access to the sections before and after the section you want to review; you can even easily read an entire chapter if you want to do so. Maybe you can do that on Westlaw, but I have never fiqured out how to do so.

Thanks to Robert Ambrogi for telling us that the ABA Section of Litigation offers a free , weekly e-mail newsletter with litigation tips from James McElhaney.

McElhaney writes a regular article for the ABA publication Litigation (which, by the way, is one of the best litigation oriented magazines out there) and is the author of several books on trial techniques. Order the newsletter by clicking here.

Believe it or not, there is an entire website dedicated to educating you on the currrent application of the Daubert decision.

This site includes the original decision, later decisions by the USSC on the subject, cse law by area of expertise, recommendations on tactics, some state law decisions, and more.

What a wonderful contribution to lawyers! Thanks to Peter Nordberg, the man who puts it all together for us.

I have been invited to speak at the Murfreesboro American Inns of Court meeting on April 28, 2005. The speech will address recent developments in tort and comparative fault law.

The meeting is at the Stones River Country Club in Murfreesboro. The social hour begins at 5:30, dinner is at 6:30, and the speech will begin at 7:00 or so.

I will post my handout materials after the speech.

A survey of federal judges concludes that there is not a problem with frivilous litigation in their courts.

Seventy percent of the the judges surveyed said the frivilous litigation was a “small problem” or a “very small problem.” Only one percent of the judges said it was a “very large problem.”

Thanks to Evan for informing me about this report.

Anna Alaya, the woman who allegedly found a finger in a bowl of Wendy’s chili, has decided not to sue the organization. Read about it here.

Weny’s is still offering a $50,000 reward for information about the source of the finger.

Last year former Justice Penny White, former Judge Joe Riley and I started a seminar program call “Justice Programs.” We had seminars across the State last fall. The program had great attendance and great reviews.

Penny, Joe and I are doing a similar program this year, but we have lengthened the program to offer 15 hours. The seminar is “Cutting Edge Developments and Practice Pointers.” It is designed to help civil trial practioners stay up to date on civil procedure, evidence and substantive law. We will also be sharing practice pointers to help lawyers do a better job representing their clients.

Read more about these programs by visiting our website.

Here is a great article written by Robert Gilbreath in Certworthy, a publication of the DRI Appellate Advocacy Committee. I found it with the help of Evan at his Illinois Trial Practice blog.

The article summarizes points about appellate advocacy made by Karl Llewellyn in a 1960 law review article. Titled “The Seven ABCs of Successful Appellate Advocacy,” Gilbreath’s article appears on Page 13 of the PDF file.

One point made in the article that I think is often missed by those who file briefs and make arguments before appellate courts is the need to make judges understand why good public policy supports your position. Judges are human. They want to do the right thing. It is your job to help them understand that adopting your position is the right thing to do.

The Tennessee Court of Appeals has issued a new opinion finding that Tennessee has in personam over a Georgia bank sued by a Tennessee business.

Progeny Marketing v. Farmers and Merchants Bank arises out of a claim by the plaintiff that it was not paid for certain work it did for the defendant bank. The trial judge ruled that bank could not be sued in Tennessee, but the Court of Appeals, in an opinion written by Judge Cain, held to the contrary.

The opinion does not represent new law, but is brought to your attention because it is one of the rare jurisdiction cases decided by our appellate courts. The opinion will be particularly helpful to Tennessee individuals and companies who sign service contracts with out of state entities.

Everyone has heard about the allegations of Anna Alaya: she says she found a finger in the chili she bought at Wendy’s. Wendy’s says that ain’t so. Indeed, someone has persuaded the Sana Jose police to search the woman’s home in search of – I guess – evidence that the finger was planted.

I like Wendy’s. I have never found a finger or any other foreign object in Wendy’s chili. But, if Wendy’s served chili with a finger, they should get nailed for it.

On the other hand, if this woman is trying to extort money from Wendy’s by planting a finger in her chili, she needs a little time in the joint. We cannot have people trying to game the system.