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Fifteen years ago, the Tennessee Legislature passed the Tennessee Civil Justice Act of 2011 and the bill was signed by then Governor Bill Haslam.   Commonly referred to as “tort reform” because it allegedly fixed abuses in the civil justice system, it could be called the “Wrongdoer Protection Act” because of the protection it provides to individuals and corporations that cause harm to others.  Regardless of how you feel about the Tennessee Civil Justice Act of 2011, most reasonable people would say that the value of a dollar has dramatically changed in 15 years.  Yet, the monetary limits contained within the Act have not increased at all.  Understandably, most Tennesseans do not have any idea of the Act’s impact unless or until they or a loved one has been seriously injured. So, let’s examine what the Tennessee Civil Justice Act also known as tort reform did to the rights of injury victims and their families. Continue reading

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Recently in Shelbyville, Tennessee, I was driving behind the final car of a funeral procession.  As the procession passed, drivers pulled over in a sign of respect for those mourning the loss of a loved one and waited until the last car passed and then went on their way.  In fact, one woman got out of her car and bowed her head.   The respect that most Tennesseans have for funeral processions is something for which I have always been proud.    But apparently, others feel differently.  So, what is the law in Tennessee with respect to funeral processions? Continue reading

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Summer is officially in full swing.   And while it is the season for vacations and relaxing by the pool or lake, summer can also be a dangerous time.   Here are 3 things you should know to make sure everyone enjoys a safe summer. Continue reading

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Recently, in California, a 14-year-old boy doing wheelies on an e-bike struck and killed a pedestrian.  Under California law, because the bike was capable of higher speeds, the minimum age was 16 years old.  To make matters worse, in an interaction with law enforcement before the fatal accident, the mother told police that she “knew that he drove it recklessly”.  The mother is now charged with involuntary manslaughter, felony child endangerment, felony accessory after the fact, misdemeanor counts of providing false information to a police officer and contributing to the delinquency of a minor.  She faces 7 years and 8 months if convicted on all counts.

So, what do you need to know about e-bikes and e-motorcycle accidents in Tennessee?  Read on to learn more about the classification of e-bikes, where they can ride, requirements for registration, licensing and insurance as well as an important change to Tennessee e-bike law set to take effect on July 1, 2026. Continue reading

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Despite the eye-popping price of gas, plenty of Americans are still planning on traveling for the Memorial Day weekend.   In fact, AAA estimates 39.1 million people will drive at least 50 miles to celebrate the holiday and long weekend.  Whether you are headed to the lake, the river, a theme park or just your Aunt Betty’s house for hotdogs and ice cream, here are some important safety reminders before you head out the door. Continue reading

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Three of the biggest causes of car accidents are speeding, distracted driving and drunk driving.   As usual, there is good news and bad news.  The good news is that German automakers have developed extremely useful technology to combat drunk driving that may soon be in vehicles.  The bad news is some drivers are not satisfied with one type of risky driving behavior and instead are doubling up.  And hands-free driving technology may not be improving safety.  Continue reading

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Yes, you read that right.  Two South Korean fighter pilots were filming and taking selfies and collided midair.  Apparently, it was the final flight for one of the officers who climbed and banked sharply to improve the camera angle.  The other pilot was filming the retiring officers’ maneuvers.   Neither pilot was concentrating solely on flying their respective jet. Continue reading

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AI presents a new legal threat and people involved in litigation or who are contemplating litigation need to be aware of it.  You may have already heard about situations in which lawyers relied too heavily on AI and got in trouble with the court.  If not, just Google “lawyer who used AI to write brief”, and you can read case after case in state after state where lawyers have been sanctioned by courts for using AI to write their briefs.  While there is not a general prohibition on lawyers using AI, there are strict prohibitions about lawyers citing non-existent cases, erroneously quoting previous case law, etc.  In the cases of the sanctioned lawyers, AI “hallucinated” and gave the lawyers incorrect information and the lawyers did not double check its accuracy before submitting it to the Court.  Now, there is a new danger, and it is with clients asking AI legal questions either before or during the litigation. Continue reading

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In today’s post, we thought we would go over some commonly misunderstood legal terms.  The idea developed after re-watching the series Friends with our teenage daughter.   In Season 7, Episode 8, Joey misunderstands the term “moot” when discussing Rachel’s assistant and instead uses “moo” to great comedic effect.  Like many professions and jobs, the law uses some terms that don’t arise in everyday conversation so here are some of the terms most commonly Googled by Americans along with our explanations as to their meanings. Continue reading

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It has been a long time since this there has been a post on this blog.  Some might actually say we have been negligent.  So, we thought we would use our return to discuss the law of negligence, especially since negligence is at the heart of injury and wrongful death law.   Negligence is comprised of three things: breach of duty, causation and damages.  It sounds easy enough, but these concepts are the stuff of nightmares for first year law students in a tort class.   Let’s get to it. Continue reading

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