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...] about Appellate Retroactivity Rules: The Pipeline Doctrine
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...] about Victims of Crime Now Allowed To Sue without the Necessity of Re-Litigating the Facts of the Case
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...] about Can Signing Your Name to a Lease or Contract in Your Corporate Capacity Still Subject You to Personal Liability?
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...] about The University of Tennessee Rape Case – A Civil Perspective
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 case … [Read more...] about Can “Pocket Dial” Calls be Recorded?
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...] about Pre-Suit Notice in Health Care Liability Action
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...] about Wrongful Death Cases: Getting Records and Filing a Lawsuit
Former Tennessee Titans linebacker Keith Bulluck was arrested recently for felony robbery after an altercation with a taxi driver. As reported in the media, the taxi driver has a history of filing false reports and allegedly lying about being … [Read more...] about Could Ex-Titan Keith Bulluck Sue for Malicious Prosecution?
Can the police subpoena your emails to your spouse? Can your emails be subject to a subpoena? Marital Privilege Doctrine Are your emails to your spouse protected when written on a work computer? According to one very recent federal … [Read more...] about Are Your Office E-Mails to Your Spouse Protected by the Marital Privilege?
Inmates that receive poor medical care for Diabetes while incarcerated have protections under State and Federal law. Inmates may bring a claim under 42 U.S.C. § 1983 if they can establish that their constitutional rights were violated by … [Read more...] about Inmates with Diabetes Have Rights when Medical Care Is Ignored