Litigation Resources

In Tennessee, Case Details Critical in “Most Significant Relationship” Debates

Chris Gilreath, Esq. In Tennessee, the golden old doctrine of lex loci delicti has been abandoned when it comes to personal injury and wrongful death cases. The dogmatic tradition generally states that the law of the land where a tort is committed is the law of the case. In one landmark case, however, modern life proved to be at conflict with the old law. Tennessee Supreme Court ruled that lex loci delicti belonged more to a time of territories and their sanctity. But in today’s world, people conduct their business across state lines…even in their morning commutes. The complications and …


Five Myths of Medical Malpractice

Tad Thomas, Esq., This year, widely circulated myths about medical malpractice (and the civil suits that follow) are being challenged. Dr. David A. Hyman, MD, JD, and Charles Silver, JD, point to 5 main claims that are actually myths. 1. “Malpractice crises are caused by spikes in medical malpractice litigation (in other words, sudden rises in payouts and claim frequency)” Negative. While it is easy for critics to point to “jaw-dropping” settlements, such cases are not representative of most cases. What’s more, they are jury decisions or voluntary settlements, and often times subject to be cut dramatically by the …


Sketchers’ Shape Ups Cause More Harm Than Good

Richard Schulte, Esq. When they first arrived on the market, Sketchers Shape-ups were said to be revolutionary—an easy way for everyday people to be fit. Kim Kardashian and her notorious derriére left a personal trainer for Shape-Ups in a Super Bowl ad. While the company warned of a little soreness at first, their promise was much more: muscle toning, weight loss, and even better circulation and posture. With Shape-ups, you could simply burn calories while you walk. Put on the shoes and you feel different—that means they are working, right? Nope. “Of course you do,” explains Dr. John Pacori, “[it’s] …


Consumers Lose Again: Another Shocking Arbitration Decision

By: Chris Nace, Esq. *Previously posted on the blog Consumers took another kick to the gut this week, this time courtesy the Second Circuit Court of Appeals. Paul Bland at Public Justice covered this shocking opinionin his September 4 blog post. Here’s what happened: The defendants allegedly operated a credit repair scheme, under which they took a fee of almost $4,000 from the consumer to settle all of her credit card debt, and then did nothing for her. So her credit card companies were suing her, she owed all the money that she’d owed when she first interacted with …


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