Jury Finds Lawyer Committed Malpractice

Below is a link to an article from Law.com. The link takes you to a story about a case where a jury found a lawyer liable for malpractice because he didn't tell his clients about a settlement offer before a verdict came in lower than the settlement offer.

http://www.law.com/jsp/article.jsp?id=1202447050876&thepage=1

Practice Tip: Questioning a Liar

If you haven't encountered this yet you will, i.e., questioning a liar in a deposition or during trial. A liar's worst enemy is cross-examination. However, can you just declare the witness a liar and expect the jury to believe you? Of course not. So, one may ask: how are you supposed to successfully question a liar? The best way --- the only way --- that I've found to be successful at it is to be prepared. I don't mean know your case inside and out like you're supposed to, you have to have go beyond that and have concrete proof that the witness is lying. You can't attack a witness if you don't have the proof, no matter how bad you want to. Below is a link to an article from the ABA about Bobby Lee Cook. Read the part about his cross-examination of Ms. Kidd in a federal habeas corpus proceeding. This is what I'm referring to when I say that you must be prepared. Here's the link:

http://www.abajournal.com/magazine/article/bobby_lee_cook/

GA Supreme Court Strikes Down Caps in Tort Cases

For anyone who has studied the law and knows how important juries are --- and how valued our founding fathers knew them to be --- they will recognize this as a just result. Below is a link to the online version of The Atlanta Journal-Constitution with the story:

http://www.ajc.com/news/georgia-politics-elections/state-high-court-overturns-392119.html?cxtype=rss_news_128746

A Decedent's Medical Records and HIPAA

Here's a link to a page on the AHIMA's Web site that discusses the proper ways to obtain a decedent's medical records in compliance with HIPAA, to wit: http://journal.ahima.org/2009/08/04/rights-to-deceased-patient-records/.

In Tennessee, medical records must be supplied to a patient or his or her representative within 10 days of a written request seeking them. See T.C.A. § 63-2-101(a) (requiring medical records to be delivered within 10 days of a written request). A small estate can be opened up to have a personal representative appointed to sign the HIPAA authorization to accompany such a request. See id. at §§ 30-4-101 to -105 (the Tennessee Small Estates Act).

Practice Tip: The Importance of an Order Being Final for Purposes of Appeal

Here is Chook v. Jones, No. W2008-02276-COA-R3-CV (Tenn. Ct. App. Mar. 17, 2010). It's a case from the Western Section of the Tennessee Court of Appeals that highlights how important it is to have a final order down for an appeals court to have jurisdiction. Here's a link to the case:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/101/Barry%20I%20Chook%20v%20Tashawn%20Pirela%20Jones%20and%20Kenneth%20Jones%20OPN.pdf

Medical Malpractice: Dismissal in Favor of Defendant Reversed

The Western Section of the Tennessee Court of Appeals just released its opinion in Taylor v. Lakeside Behavioral Health Sys., No. W2009-00914-COA-R3-CV (Tenn. Ct. App. Mar. 15, 2010). The Court reversed the trial court's dismissal of the plaintiffs' claims because it found that the amended complaint complied with applicable law as to notice pleading, among other things.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/101/Tina%20Taylor%20v%20Lakeside%20BHS%20OPN.pdf

Products Liability Case: Plaintiffs' Claims Preempted

The Western Section of the Tennessee Court of Appeals just issued its opinion in Lake v. Memphis Landsmen, LLC, No. W2009-00526-COA-R3-CV (Tenn. Ct. App. Mar. 15, 2010). The Court held that the plaintiffs' claims, inter alia, were preempted by federal law. Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/101/Clifton%20Lake%20etal%20v%20Memphis%20Landsmen%20OOC%20etal%20OPN.pdf

Need a Court Reporter?

This Web site will help you find one, to wit:

http://psl.ncraonline.org/index.asp.

Summary Judgment for Defendants Reversed

The Tennessee Court of Appeals just released its opinion in Landry v. S. Cumberland Amoco, No. E2009-01354-COA-R3-CV (Tenn. Ct. App. Mar. 10, 2010). The opinion discusses the proper standard for granting summary judgment and how the "cancellation rule" figures into the analysis.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/A01/Edward%20P%20Landry%20et%20al%20v%20South%20Cumberland%20Amoco%20et%20al%20opn.pdf

Medical Malpractice: Summary Judgment for One Defendant Reversed on Appeal

Here is another medical malpractice opinion regarding the proper standard for granting summary judgment under Hannan. The case is Turner v. Steriltek, Inc., No. M2009-00325-COA-R3-CV (Tenn. Ct. App. Mar. 4, 2010).

Here's a link to opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/A01/Sandra%20Yvette%20Turner%20v%20Steriltek%20et%20al%20OPN.pdf

Useful Web Site on Differential Diagnoses

http://en.diagnosispro.com/

Parliamentary Procedure

Have a question about parliamentary procedure? These two links might have some answers for you.

http://www.tmaa.us/pdfs/plan_meetings_guide.pdf

http://www.tmaa.us/pdfs/motions_guide.pdf

Practice Tip: Correct Result Based Upon Erroneous Grounds

Do you need a case that says even if the trial court's ruling is based upon erroneous grounds it will be allowed to stand because the court reached a correct result? You're in luck! Here are two, to wit:

Continental Cas. Co. v. Smith, 720 S.W.2d 48, 50 (Tenn. 1986) ("[we] will affirm a decree correct in result, but rendered upon different, incomplete, or erroneous grounds"); Shutt v. Blount, 249 S.W.2d 904, 907 (Tenn. 1952) ("if the Trial Judge reached the right result for the wrong reason, there is no reversible error").

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

New Case on Retaliatory Discharge & Whistleblowing

The case is Burnett v. America's Collectibles Network, Inc., No. E2009-00591-COA-R3-CV (Tenn. Ct. App. Feb. 25, 2010). Here is a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/A01/Ambrose%20C%20Burnett%20Jr%20v%20Americas%20Collectibles%20Network%20Inc%20opn.pdf

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:

http://www.tsc.state.tn.us/OPINIONS/tcca/PDF/A01/State%20v%20Bradley%20Hawks.pdf

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.

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).

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.

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.

Illinois Supreme Court Strikes Down Caps in Medical Malpractice Cases

http://www.bloomberg.com/apps/news?pid=newsarchive&sid=ar0E3Dg14ajo