Personal Injury Law

Savings Statute for Dismissed Federal Court Actions

Posted on January 03, 2008
T.C.A. Sec. 28-1-115 gives a plaintiff who is bounced out of federal courts for lack of jurisdiction one year from the dismissal to re-file the action in state court.Here is the exact text of the statute:  "Notwithstanding any applicable statute of limitation to the contrary, any party filing an action in a federal court that is subsequently dismissed for lack of jurisdiction shall have one (1) year from the date of such dismissal to timely file such action in an appropriate state court...

Off Topic - The Bush Administration's Dumbest Legal Arguments of the Year

Posted on January 01, 2008
Dahlia Lithwick at Slate has selected the Bush Administration's Dumbest Legal Arguments of the Year.  The list stopped at ten arguments; the writer was obviously working with a severe space limitation.Here is an excerpt from the article:  The United States does not torture...

LImit on Number of New Trials

Posted on January 01, 2008
Did you know a litigant is limited to no more than two "new trials" in any action?The relevant statute is T.C.A. Sec. 27-2-101.  Here it is:"Not more than two (2) new trials shall be granted to the same party in an action at law, or upon the trial by jury of an issue of fact in equity...

Damages Cap Denies Doctor Claim for his Mother's Death

Posted on December 29, 2007
Here is an interesting article from the LA Times that discusses the cost of caps.

To access this complete feed in the blog feed reader login or register for free.

What It Takes To Be A Great Trial Lawyer - Part 2

Posted on December 28, 2007
2.  A Solid Knowledge of the Law of Evidence.You have to know the facts.  But mere knowledge of facts doesn't do your client much good.  You have to know how to get those facts before a factfinder.  In other words, you need to understand the law of evidence...

What It Takes To Be A Great Trial Lawyer - Part 9

Posted on January 01, 1970
The Ability to Pull the TriggerTrial lawyers a required to make a large number of decisions. Some are minor (e.g. do I ask this interrogatory in this case?) and some are major (e.g. should I settle with one of multiple defendants in a case in which several liability applies?)...

ABA Civil Trial Standards

Posted on December 31, 1969
The American Bar Association has released four additions to its "Civil Trial Standards."  The new standards addresss these topics:  Use of Tutorials to Assist the Court, Summary Exhibits and Witnesses, Organizing the Complex Case for Trial, and Judicial Involvement with Settlement...

What It Takes To Be A Great Trial Lawyer - Part 10

Posted on December 31, 1969
The Ability to Organize Great trial lawyers spin plates.  Lots of plates.  (Those of you who do not remember "The Ed Sullivan Show" may not appreciate this metaphor. Learn about it here.)  Law firm management requires time. Training of associates and others requires time...

My Grandmothers Birthday

Posted on December 31, 1969
On March 24, 2006 I wrote about the death of my grandmother, Milda Heath, at the age of 97.  Today is her 100th birthday. She was a wonderful grandmother, mother, teacher and citizen.  I miss her.

Tennessee Nursing Homes Rank At the Bottom

Posted on December 31, 1969
According to the Tennessean. Tennessee nursing homes rank No. 48 (beating only Louisiana and Georgia), according to new survey information out from the Centers for Medicare and Medicaid Services.  Less than 7% of the nursing homes in Tennessee were rated above average...

Summary of New FRE 402

Posted on December 31, 1969
Here is a summary of FRE 502 which came into effect on September 18, 2009.  The rule - which addresses the attorney client privilege and work product doctrine - is intended to provide increased clarity in this confusing area of the law. The author explains that "[t]he rule establishes a presumption against subject matter waiver, resolve the issue of inadvertent disclosure, provides for confidentiality orders and supports party agreements, among other issues...

Will Budget Cuts Hurt Our Judiciary (And Tennesseans)?

Posted on December 31, 1969
The state's law libraries are closing their doors to lawyers and other citizens.  The Administrative Office of the Courts is cutting programs and staff.  Appellate court law clerks are fearing the loss of their jobs. Tennessee budget problems are hitting the judiciary and it remains to be seen what impact the financial cuts have on civil jury trials...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.