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Wednesday, January 30, 2008

Tractor Trailer Accidents

Someone asked me yesterday if we did tractor trailer accidents. Yes, we do.

I just thought I'd throw that out there.

Thanks.

Tony

Tuesday, January 29, 2008

New Spoliation Case

The Court of Appeals for the Middle Section just issued an opinion regarding the spoliation of evidence in Cincinnati Ins. Co. v. Mid-South Drillers Supply Inc., M2007-00024-R3-CV (Tenn. Ct. App. Jan. 25, 2008). The Court of Appeals held that a trial court may sanction a plaintiff by dismissing the case irrespective of whether the destruction was inadvertent or intentional. Id., slip op. at 1.

Here's a link to the case:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/081/CincinattiInsurCoOPN.pdf

Tuesday, January 22, 2008

False Light Invasion of Privacy Claims and the SOL

Tennessee recognizes the tort of false light invasion of privacy as primarily set out in the Restatement (Second) of Torts section 652E (1977). West v. Media Convergence Inc., 53 S.W.3d 640, 641 (Tenn. 2001). Do you know what the applicable statutes of limitations are? They are six months or one year depending on the form of publicity. Id. at 648 (citing Tenn. Code Ann. §§ 28-3-103 and -104(a)(1) ).

Friday, January 18, 2008

Allstate's in Trouble in Florida

Allstate can't issue policies in Florida until it complies with a subpoena issued by Insurance Commissioner Kevin McCarty. Here's the link to MSNBC's story on the matter:

http://www.msnbc.msn.com/id/22712275/

Wednesday, January 16, 2008

New Name, Same Blog

FYI: As of today this blog will operate under the name "Tony Duncan Law" instead of "The Duncan Law Firm." Everything else will remain the same.
Thanks for reading.

Tuesday, January 15, 2008

Directed Verdicts in Tennessee State Courts

If a plaintiff has made out his or her case and no evidence tending to contradict it is offered, the trial court has a duty to direct a verdict. Robert E. Burch, Trial Handbook for Tennessee Lawyers §32:3, at 562 n.4 (2007-08 Thomson-West) (citing numerous sources).

Under the proper circumstances, the court may direct a verdict in favor of either party, even though the effect of the grant is to deprive a party of his or her right to a jury trial. Id. § 32:1, at 561 n.1 (citing Tenn. R. Civ. P. 50.01).

This is a great tool that may be at used at trial when you find that your proof is uncontroverted. See id.
Thanks to Judge Burch who has authored an invaluable book. This book is a must-have for every attorney in Tennessee.

Thursday, January 10, 2008

General Sessions Court and Attorney's Fees

It's a well-known fact that the monetary jurisdictional limit of Tennessee's general sessions courts is $25,000. But did you know that attorney's do not count against that limit and can be added to a $25,000 award in general sessions court? Here's the statute: Tennessee Code Annotated section 16-15-501(d).

Here's a link to the Tennessee Code Annotated so you can look it up for free:

Thursday, January 03, 2008

Tenn. Code Ann. § 16-15-710

What do you do if you have filed suit in general sessions court and not gotten service upon the defendant? Tennessee Code Annotated section 16-15-710 states what needs to be done to keep your lawsuit from becoming time-barred, to wit:
The suing out of a warrant is the commencement of a civil action, within the meaning of this title, whether it is served or not; but if the process is returned unserved, plaintiff, if plaintiff wishes to rely on the original commencement as a bar to the running of a statute of limitations, must either prosecute and continue the action by applying for and obtaining new process from time to time, each new process to be obtained within nine (9) months from return unserved of the previous one (1), or plaintiff must recommence the action within one year after return of the initial process not served.
I'd like to thank my friend, David Cooper, for pointing this out to me.