Appellate Retroactivity Rules: The Pipeline Doctrine

         It is important to be aware of developing legal issues so that if the Tennessee Supreme Court creates some new right or remedy you can take advantage of the ruling even though your case has already been adjudicated. This is known as … [Read more...]

Victims of Crime Now Allowed To Sue without the Necessity of Re-Litigating the Facts of the Case

 Victims of crime have long been allowed to sue the criminal in a civil suit to gain compensation  directly from the criminal.  However, until now, the victim had to re-present the entire criminal case in the civil litigation. Even though a … [Read more...]

Can Signing Your Name to a Lease or Contract in Your Corporate Capacity Still Subject You to Personal Liability?

Convention wisdom is that if you add your company name to your signature then only the company is bound by the terms of the legal document if you and your company are sued for failure to perform. Not always, says the Tennessee Supreme … [Read more...]

The University of Tennessee Rape Case – A Civil Perspective

It seems at present we live in a world where our college campuses are out of control. As I have written on this blog in the past, I am the father of teenage girls. I have sent one off to college and the other is not far behind. I think and … [Read more...]

Can “Pocket Dial” Calls be Recorded?

Many of us have made, and received, a “pocket dial” call in which a phone number is accidentally dialed. Normally there is not much to listen to. But what if an entire conversation is heard (or even recorded) on the other end? In the … [Read more...]

Pre-Suit Notice in Health Care Liability Action

Case:  Clayton Arden, Surviving Spouse v. Kenya L. Kozawa, M. D. Issues: Was pre-suit notice sufficient despite failing to list addresses of plaintiff and defendant? Was service of notice via Federal Express (rather than USPS) … [Read more...]

Wrongful Death Cases: Getting Records and Filing a Lawsuit

The Tennessean recently reported on a tragic story about a 17-year-old boy who died in the custody of the Department of Children’s Services (DCS) while in juvenile detention. His family tried for months to get his medical records with little … [Read more...]

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