Dan Berexa’s Tennessee Law Blog

Recent Posts from Dan Berexa’s Tennessee Law Blog

• Don't Count on Tennessee Courts to Limit Ratio of Punitive to Compensatory Damages to a Fixed Number

  For those looking for a mathematical bright line rule to determine an acceptable ratio of punitive to compensatory damages, the Tennessee Supreme Court recently backed away from employing a strict ratio based analysis. Prior decisions…

• Legislature Passes Amendments to Tennessee Medical Malpractice Reform Bill

  Last year the General Assembly enacted the medical malpractice reform bill which took effect on October 1, 2008. This week the Senate passed (SB 2109) which changes the notice and certificate of good faith provisions…

• AG's Take on What Will Happen if the Sun Goes Down on the Judicial Selection and Evaluation Commissions?

  The Tennessee Judicial Evaluation Commission and the Judicial Selection Commission will cease to exist on June 30, 2009, absent intervening legislation to continue their existence and operation. What will happen if the General Assembly fails…

• Adobe Acrobat 9 for Lawyers

  The TBA's Law Tech 2009 was a success! Rick Borstein's presentation, "Adobe Acrobat for Lawyers," contained a great overview of the features of Adobe Acrobat 9. The redaction tools, document comparison, Bates numbering and the…

• Bad Offer of Judgment Can Perpetuate Litigation

  Drafting an offer of judgment can be tricky business. In State ex rel. Landenberger v. Project Return, Inc. the court warns: It has been said that, “[i]f there is any occasion in civil litigation which…

• Free Handbook on Appellate Practice in Tennessee

  There is a very handy resource to keep nearby if you are working on a Tennessee State Court appeal. The Appellate Practice Committee of the Nashville Bar Association publishes a great handbook entitled Appellate Advocacy:…

• Theories of Liability Against Trucking Shippers and Brokers

  John Day's blog (Day On Torts), which is an excellent resource, brought attention to "But I Didn't Do It!" Expanding Theories of Vicarious Liability, an article by Robert T. Franklin discussing theories of liability in…

• iPhone or Storm or Bold?

  If you are trying to decide whether the iPhone or Storm is better for you click here. UPDATE: If you are considering a new smartphone, The Mac Lawyer has a guest post suggesting the Blackberry…

• Insurer Must Pay $34,000 Bill Under $5000 Med Pay Coverage - Hospital Lien Statute Can Create Liability for Med Pay Insurer

  If you prosecute or defend personal injury actions, you need to be aware of Shelby County Health Care Corp. v. Nationwide Mutual Ins. Co. The facts are simple. "The Med" is the hospital that treated…

• What's new for 2009? Web 2.0. Learn about Macs from Ben Stevens aka "The Mac Lawyer." Rick Borstein of Adobe Teaches Acrobat 9. All at LawTech 2009: Marketing, Management and Technology Solutions for Your Firm - February 20, 2009 in Nashville

  The Tennessee Bar Association's Law Office Technology and Management Section has put together a great program this year for the annual LawTech event which will take place at the Doubletree Hotel in Nashville, Tennessee on…