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Saturday, February 27, 2010

Another Summary Judgment Case

Here is another post-Hannan and -Martin summary judgment case from the Eastern Section of the Tennessee Court of Appeals, to wit: Dykes v. City of Oneida, No. E2009-00717-COA-R3-CV (Tenn. Ct. App. Feb. 26, 2010).

This case stresses the importance of complying with our state's recently clarified summary judgment standard under Hannan and Martin (Nov 8 & 15, 2008 posts, respectively).

Here's a link to Dykes:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/A01/Wanda%20F%20Dykes%20et%20al%20v%20City%20of%20Oneida%20et%20al%20OPN.pdf

Friday, February 26, 2010

Monday, February 22, 2010

Criminal Law: Certified Questions

Here is an opinion from the Tennessee Court of Criminal Appeals that discusses the importance of doing certified questions properly, to wit:

The case is State v. Hawks, No. W2008-02657-CCA-R3-CD (Tenn. Crim App. Feb. 19, 2010).

This case stands for the proposition that Tenn. R. Crim. P. 37 appeals must form the certified question presented to the court in a very specific and not overly broad manner.

Friday, February 19, 2010

Torts: Family Purpose Doctrine

Here is a new case from the Western Section of the Tennessee Court of Appeals on the Family Purpose Doctrine, to wit:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/A01/Arlene%20R%20Starr%20v%20Paul%20B%20Hill%20Sr%20and%20Paul%20B%20Hill%20Jr%20OPN.pdf

The case is Starr v. Hill, No. W2009-00524-COA-R3-CV (Tenn. Ct. App. Feb. 18, 2010).


Wednesday, February 17, 2010

Medical Malpracitce Redefined?

Here's an article from The Tennessean about a new bill in the Tennessee General Assembly that seeks to make it easier for ER doctors to get away with medical malpractice, to wit:

http://www.tennessean.com/article/20100217/COLUMNIST0304/2170359/1003/BUSINESS.

Please read the article.

The bill is bad policy, and worse, it's not supported by the numbers or facts. For example: (1) we have more doctors moving to Tennessee each year due to climate, lack of state income tax, etc.; (2) there have been fewer medical malpractice claim filed in the last two years due to recent legislation that went into effect in 2008 and 2009; and (3) lastly, medical malpractice claims are only a small part of healthcare costs (sometime less than one percent): reducing medical malpractice claims will do little to nothing to reduce healthcare costs.

Thursday, February 11, 2010

How a Bill Becomes a Law in the U.S. Congress

I remember watching this clip on TV when I was just a boy. I think it aired in the mid-to-late '70s and early 80s. It is how I first learned how a bill becomes a law in Congress. Here it is:

http://www.youtube.com/watch?v=mEJL2Uuv-oQ

P.S. You'll catch yourself humming the the tune from this clip after you watch it.