Day on Torts
Discussions on a wide range of tort topics, with a focus on helping other lawyers understand plaintiff trial practice.
Author: John A. Day, 50, is a Brentwood, Tenn., plaintiff lawyer.
Blawg Related Categories: Law Firms • Law Practice Management • Legal Marketing & Consulting • Tort Law • Medical Malpractice • Attorney Fees • Solo / Small Firm • Legal Information
Recent Posts from Day on Torts
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Appellate Argument Tips
This article by Judge Richard Posner (7th Circuit Court of Appeals) does a fine job discussing appellate briefs and oral arguments.A sample:"The second biggest mistake that appellate advocates make—after exaggerating how much the judges…
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What It Takes To Be A Great Trial Lawyer - Part 16
An Appreciation for the Discretion Vested in the Trial JudgeTrial judges are human. Each of them have certain strengths and weaknesses. Some may not have been at the top of their class in law…
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Are the Results of Med Mal Trials Accurate?
Here is an interesting post from Torts Prof Blog:"After all the time and money spent, aren’t the results of medical malpractice litigation extremely accurate? Although perhaps better than earlier studies indicated, malpractice results are…
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What It Takes To Be A Great Lawyer - Part 15
An Understanding of the Human Condition and What It Takes to Motivate Jurors to ActionYou can't try jury cases if you don't understand how people think. I am not talking about how the way other members of…
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Court Decides Apparent Agency Cases Concerning Hospital-Based Physicians
The Tennessee Supreme Court issued its first two tort law opinions of the year yesterday, both dealing with the same subject: the potential liability of a hospital for the acts of a non-employed,, hospital-based physician. …
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Medical Malpractice Notice and Certificate of Merit Bill Sent to Governor
The Speaker of the House signed a bill yesterday that makes it more difficult for patients to bring medical malpractice actions. The Senate Speaker signed the legislation last week and therefore the bill is…
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What It Takes To Be A Great Trial Lawyer - Part 14
A Healthy Respect for the Judicial SystemGreat trial lawyers have a healthy respect for the judicial system and, if they are jury trial lawyers, for the right to trial by jury and the jury…
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Chamber of Commerce - Lawsuit Climate 2008
The Chamber of Commerce does an annual ranking of the "lawsuit climate" in the fifty states. The winning state - Deleware - has the most pro-business climate. The losing state - West Virginia - has…
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What It Takes To Be A Great Trial Lawyer - Part 13
A Passion for the WorkIt is hard to be a great trial lawyer if you don't like what you do. Most people can quickly determine whether a lawyer – or the cashier at McDonald's…
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Indiana Applies Res Ipsa Doctrine in Fire Case
Indiana is not known as a particularly progressive state when it comes to tort law (or anything else for that matter).But not even Indiana could deny a plaintiff the use of the res ipsa…