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1
Expert Disclosures: Navigating The Distinction Between Retained And Non-Retained Experts
In 2010, Fed. R. Civ. P. 26 was amended to require full expert reports and other disclosures for retained expert witnesses, but only summaries of anticipated opinion testimony of non-retained experts.
United States
11 Oct 2019
2
Failure To Prevent A Data Breach Is Not Likely To Be Covered By A Traditional CGL Insurance Policy
In this high tech era we live in, creating, storing and using data is commonplace. The sheer quantity and scope of data has made protecting that data of paramount importance.
United States
8 Oct 2019
3
Personal Jurisdiction Lessons Learned . . . Forgotten . . . And Remembered
As lawyers, we learn early on about the necessity that a court must have personal jurisdiction over a defendant in order to enter a valid, enforceable judgment.
United States
30 Sep 2019
4
Tennessee's Proposed Amendments To Rule 26 Mandate Broad Initial Disclosures
In contrast to Federal Rule of Civil Procedure 26(a)(1), the Tennessee Rules of Civil Procedure do not require initial disclosures—but that could be changing soon.
United States
6 Sep 2019
5
The Texas Multiple Personality Privilege: Privileged Communications with an Expert Witness Who is Also Your Client
Over a decade ago, the Texas Supreme Court held that any document provided to a testifying expert in anticipation of her testimony must be disclosed to the other side
United States
29 Aug 2019
6
Nashville Trump Supporter Fired Over Facebook Post Wins Trial
Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace.
United States
28 Aug 2019
7
Lamps Plus, Inc. v. Varela: Do Ambiguous Arbitration Agreements Provide "Consent" Necessary for Class Arbitration?
The Ninth Circuit held the arbitration agreement was ambiguous as to whether the parties agreed to class arbitration.
United States
20 Aug 2019
8
TN Appeals Court Reinstates Hostile Work Environment And Whistleblower Claims
An individual may file a claim under Tennessee's "whistleblower statute"—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity.
United States
15 Jul 2019
9
D.C. Circuit Holds Locksmiths Cannot Unlock Google's § 230 Protection
Section 230 immunity (47 U.S.C. § 230 (c)(1)) protects internet platforms, such as Google or Twitter, from culpability for the information they publish. Section 230 states
United States
9 Jul 2019
10
You're Not My Client … But The Attorney-Client Privilege Still Applies!
In Dialysis Clinic, Inc. v. Kevin Medley, 567 S.W.3d 314 (TN 2019), the Tennessee Supreme Court decided as a matter of first impression that attorney communications with a third party
United States
9 Jul 2019
11
A New Look At The Doctor Deposition
In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere.It means "first, do no harm" and is the ethical
United States
8 Jul 2019
12
Great Scott! The Sixth Circuit Revives Hoverboard Lawsuit
The classic 1989 film Back to the Future II famously predicted that humans would be zipping around on hoverboards in the year 2015. The film wasn't too far off.
United States
3 Jul 2019
13
Multi-Million Dollar Fela Verdict Reinstated: Limitations Was A Question For The Jury, Not The Judge
The Kansas Supreme Court recently reversed the Kansas Court of Appeals, and re-instated a three-plus million dollar jury verdict in favor of an injured BNSF Railway worker
United States
2 Jul 2019
14
Tennessee Adopts New Personal Jurisdiction Standard For Internet Contacts
Courts across jurisdictions have grappled for years with reconciling the personal jurisdiction "minimum contacts" test with the fact that "the [I]nternet operates ‘in' every state regardless
United States
28 Jun 2019
15
Off-Duty Police Officers Are Employees, Not Independent Contractors
A recent case from the U.S. Court of Appeals for the 6th Circuit (whose rulings apply to Tennessee employers) ...
United States
28 May 2019
16
Proposed Amendments To Rule 30(b)(6) May Create Problematic Consequences For Business Organizations
Federal Rule of Civil Procedure 30(b)(6) is a critical part of litigation involving corporations and other business entities.
United States
14 May 2019
17
What's Good For The Goose May Not Be For The Gander.
Tennessee Rule of Appellate Procedure 13(a) provides that "any question of law may be brought up for review and relief by any party." Well, not always.
United States
8 May 2019
18
Court Allows Company To Surreptitiously Monitor Former Employee's Social Media Account To Support Its Trade Secrets Claim
A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee's Facebook account and using that information to pursue a trade secrets
United States
8 May 2019
19
Association Of American Railroads: FELA Awards May Not Be Vacated Unless "Monstrously Excessive."
FELA plaintiffs have long pointed out that Congress placed FELA cases in the hand of juries "to the maximum extent proper."
United States
23 Apr 2019
20
All Rise? Article III Standing Continues To Face Strict Scrutiny
In 2016, the United States Supreme Court issued a landmark opinion addressing Article III standing under the U.S. Constitution. See Spokeo v. Robins, ––– U.S. ––––, 136 S. Ct. 1540, 194 L.Ed.2d 635 (2016).
United States
15 Apr 2019
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