This Blog/Web site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog/Web site you understand that there is no attorney-client relationship between you and the Blog/Web site publisher. The Blog/Web site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The Middle Section of the Tennessee Court of Appeals just issued its opinion in Robbins ex rel. Robbins v. Perry County, Tennessee, No. M2008-00548-COA-R3-CV (Tenn. Ct. App. Apr. 28, 2009). The opinion has a good discussion of causation in Tennessee.
The opinion also discusses the standard of review for a Rule 12 motion to dismiss. The Court's discussion is a good refresher to the Tennessee practitioner.
I'm a trial lawyer. And I am very proud of what I do. I help people who for one reason or another can't help themselves. I believe the law is a learned profession, which must be respected. Traditionally, law, religion, and medicine have always been "learned professions." Looking back on this history of human kind, lawyers, religious leaders, and doctors have made things better for us all.
I have heard others say that the only difference between a lawsuit and a back-alley brawl is the law. The law gives someone --- anyone --- who has been wronged, or charged with a crime, the right to go before twelve of his or her peers who will decide what should be done according to the law. This system prevents people from taking the law into their own hands; it prevents anarchy and injustice; and it prevents the few from being oppressed by the many or the strong from oppressing the weak. This right to a jury trial --- to justice --- is sacred. That is why I so strongly oppose those who would do away with it --- and with justice.
This is why I do what I do.
Lastly, I want to leave you with these two verses from the Bible:
1 Woe to those who make unjust laws,
to those who issue oppressive decrees, 2 to deprive the poor of their rights
and withhold justice from the oppressed of my people,
The Western Section of the Tennessee Court of Appeals just issued its opinion in Jackson v. Joyner, No. W2008-00906-COA-R3-CV (Tenn. C.t App. Apr. 7, 2009). It offers a good discussion on expert opinions and their admissibility.