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Sunday, May 30, 2010

Memorial Day

Same gave all. Please remember them this weekend.

Saturday, May 29, 2010

The Federalist Papers

Here's a link to an online version of The Federalist Papers (a.k.a. The Federalist), to wit:

Monday, May 24, 2010

Peer-Review Privilege in Tennessee

The Tennessee Supreme Court issued opinions today concerning the peer-review privilege and its effects, to wit:

Lee Med., Inc. v. Beecher, No. M2008-02496-SC-S09-CV (Tenn. May 24, 2010):

Here’s the dissent by Justice Wade and Chief Justice Holder:

Powell v. Cmty. Health Sys., Inc., No. E2008-00535-SC-R11-CV (Tenn. May 24, 2010):

Here’s the separate opinion by Justice Wade where he concurs in part and dissents in part:

Discretionary Costs

The Western Section of the Tennessee Court of Appeals just issued its opinion in Wade v. Vabnick, No. W2009-02273-COA-R3-Cv (Tenn. Ct. App. May, 24, 2010). This case is a medical malpractice case that was non-suited in state court and re-filed in federal court. One of the defendants, a physician, filed a motion seeking over $30,000 in discretionary costs with the state trial court, which was granted. The Court of Appeals winnowed the costs down to $3,851.15 because some of the costs sought by the defendant are not allowed under Rule 54.04 of the Tennessee Rules of Civil Procedure.

Here's a link to the opinion:

Our Liberty or Our Safety?

It was true over 200 years ago, and it still is today, to wit:
[S]afety from external danger is the most powerful director of national conduct. Even the ardent love of liberty will, after a time, give way to its dictates. The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy civil and political rights. To be more safe, they at length become willing to run the risk of being less free.
The Federalist No. 8 (A. Hamilton).

I would prefer to give up neither. That is the tricky part.

Friday, May 21, 2010

Tennessee Healthcare Facility Information

Do you need an address or other information about a healthcare facility in Tennessee? If so, this link will help you out:

Sunday, May 16, 2010

Model Voir Dire Questions

Below is a link to model voir dire questions from the State of New Jersey. While I'd change the questions a little bit, overall, they are sufficient. I think they offer a good outline for coming up with your own voir dire questions.

Monday, May 10, 2010

Criminal Law: Sentencing in Tennessee

The Tennessee Supreme Court recently issued its opinion in Davis v. State, No. M2009-00011-SC-R11-HC (Tenn. May 7, 2010). The opinion contains a good analysis of criminal sentencing in Tennessee state courts among other things.

Here's a link to the concurring opinion of Justice Wade, which Chief Justice Holder joined, to wit:

Here's a link to the concurring opinion of Justice Lee, to wit:

Friday, May 07, 2010

An Interesting Case: Violation of a City Ordinance

This appeal discusses the violation of a city ordinance and the law governing it. It's an interesting read (I don't want to give it away). The case is City of Murfreesboro v. Norton, No. M2009-02105-COA-R3-CV (Tenn. Ct. App. May 6, 2010).

Here's a link to the opinion:

Wednesday, May 05, 2010

Criminal Law: Sentencing in Tennessee

The Tennessee Court of Criminal Appeals recently issued its opinion in State v. Davis, No. M2008-01216-CCA-R3-CD (Tenn. Crim. App. Apr. 19, 2010). It offers a good discussion on criminal sentencing in Tennessee.

Here's a link to the opinion:

Say a Prayer for Nashville

We received more rain in a two-day period this past weekend than we have ever received. The flooding and its effects are having a huge impact on our city. Here's a link to a story from MSNBC about what has happened, to wit:

Say a prayer for Nashville, folks. We need it.

Monday, May 03, 2010

Stats on Tennessee State Court Judges

Interested in the number of cases appealed from a particular Tennessee state court? Interested in a judge's case load? Here's a link to a site that has this information, to wit: