How a Bill Becomes a Law in Tennessee

Here's an easy-to-use chart showing how a bill becomes a law in Tennessee (see link below). It came from the Tennessee General Assembly's Web site.

Here's the link to the chart:

http://www.legislature.state.tn.us/info/billtolaw.pdf

Another New Book

Here's another new book, How to Try a Jury Case: Trial Tactics, by John F. Kimberling. I have not read it yet. I have friends, however, who have; and they say it's great.

It's available from the National Institute for Trial Advocacy at http://www.nita.org/page.asp?id=7&catid=14&prodid=439

TN S. Ct. Issues Two Opinions on Apparent Agency

Yesterday the Tennessee Supreme Court issued two opinions on apparent agency. The first was Boren ex rel. Boren v. Weeks, No. M2007-00628-SC-R11-CV (Tenn. May 6, 2008); the second was Dewald v. HCA Health Services of Tennessee, No. M2006-02369-SC-R11-CV (Tenn. May 6, 2008). They were consolidated for appeal. The issue on appeal was whether the defendant hospitals could be held liable for the acts of physicians who were allegedly independent contractors.

The Court overruled the Court of Appeals (which had reversed the trial court in both cases) and held that genuine issues of material fact remain that prevent the granting of summary judgment on that common issue. The Court adopted an analysis for the determination of apparent agency as set forth in the Restatement (Second) of Torts § 429. Boren, No. M2007-00628-SC-R11-CV, slip op. at 10-11; Dewald, No. M2006-02369-SC-R11-CV, slip op. at 3-4.

Here's the link to the AOC's Web site: http://www.tsc.state.tn.us/

The Bluebook Online

The Bluebook is a very useful tool to a legal writer. It's easy to use and offers quick answers to legal citation questions. Did you know that you can get free online updates? You can.

Here's the link to the website:

http://www.legalbluebook.com/Public/Updates.aspx.

You can also purchase an online subscription at the above-referenced link. With the online subscription you can access the Bluebook anywhere you have Internet access.

Hope this helps. Good luck!

Another New Book

Here is another very useful book: Susan L. Kay & Glen Weissenberger, Tennessee Evidence 2007-2008 Courtroom Manual (2007).

It's published by LexisNexis, and can be purchased at this website:

http://bookstore.lexis.com/bookstore/product/46273.html

I carry this book with me to court nearly every time I go (along with a few others). It offers quick, easy-to-find answers to evidentiary matters that come up during a hearing or trial.

Need Anatomical Charts or Models?

Here's a link to a website that has a lot of useful anatomical information. For example, the site sells charts and models that can be very useful during a deposition or trial.

Here's the link to the website:

http://www.anatomical.com/Default.asp?bhcd2=1208432419

Comparative Fault in General Sessions Court in Tennessee

In a general sessions tort case, a defendant must notify the plaintiff and the clerk if he or she thinks that fault should be shared or that another is soley at fault. Tenn. Code. Ann. § 16-15-735. Here's a link to statute: http://www.michie.com/

A defendant must also identify the allegedly at-fault party sufficiently so that a plaintiff may serve process on him or her. Brown v. Wal-Mart Discount Cities, 12 S.W.3d 785, 789 (Tenn. 2000).

How do you deal with a defendant's attempt to shift blame improperly (i.e., by not identifying the other at-fault party) in a general sessions court tort case? File a motion to strike and cite Brown.

Good luck.