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Wednesday, February 13, 2008

New TN Court of Appeals Decision

The Tennessee Court of Appeals issued an opinion yesterday in Small ex rel. Small v. Shelby County Schools, No. W2007-00045-COA-R3-CV (Tenn. Ct. App. Feb. 12, 2008). In Small, the Court of Appeals addressed the issues of sovereign immunity, the need for expert witness disclosure, comparative fault, and discretionary costs. Id., slip op., at 11-23.

Here's the link to the opinion:

I'm not sure, however, that Small, as it relates to comparative fault, can be reconciled with George v. Alexander, 931 S.W.2d 517 (Tenn. 1996) and Rule 8.03 of the Tennessee Rules of Civil Procedure. I want to do some more research on this matter; but for informational purposes, I thought I'd bring it to your attention at this time.

Thursday, February 07, 2008

Update on Mississippi Med Mal Case

Remember my posts in October 2007 about the Mississippi med mal case where the court of appeals held that evidence of liability insurance was not unfairly prejudicial? The court denied the request for a rehearing in this case on January 29, 2008.

The case is styled Wells v. Jackson Healthcare for Women, P.A. It's status of the case can be checked here:

The "Case Year:" is 2006 and the "Case Seq:" is 00385.

FYI: Mississippi's Rule 411 of Evidence is substantially similar to Tennessee's Rule 411. Therefore, this case offers persuasive authority for a similar ruling in Tennessee.

Sunday, February 03, 2008

An Oath

I _______________ do solemnly swear (or affirm) that as a member of this General Assembly, I will, in all appointments, vote without favor, affection, partiality, or prejudice; and that I will not propose or assent to any bill, vote or resolution, which shall appear to me injurious to the people, or consent to any act or thing, whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this state.

Tenn. Const. art. X, § 2 (emphasis added).

This is the oath that a member of the Tennessee General Assembly is administered before she or he takes office.

You'd think this oath alone (if meant when sworn to or affirmed) would prevent a member of the General Assembly from voting for any bill supporting caps on a citizens's right to damages or a citizen's right to sue a corporation (with a jury). After all, who does the legislature represent, corporations or the people?

Food for thought.

Link to Federal Forms

Need a federal form? Here's a link that might help you out: