In Tennessee, the protections provided in the Article 1 Section 7 of the state constitution regarding search and seizure have long been held to be identical to the protections provided by the 4th Amendment to the United States Constitution. However, the Tennessee Rules of Evidence do not always track the Federal Rules of Evidence. In criminal cases, this can mean that, even though the...read more
Last month we wrote about the common knowledge exception, and it crops up again this month. Lawyers, be warned: Even if the common knowledge exception applies in a health care liability case so that expert testimony is not required, the failure to file a certificate of good faith may still be fatal… Background This health care liability action was filed following a fall by Plaintiff, Vicki...read more
In the recent Tennessee Court of Appeals case, Garvin v. Malone, the Plaintiffs wanted to introduce pictures of a damaged vehicle to prove the extent of the physical injuries they suffered in a car crash. It does raise an interesting question: what correlation is there between the damage that appears on a car following a collision and the injuries to the bodies inside that car? And does this...read more
On September 17, 1787, “the People” embarked on journey to establish justice for all posterity.
On #ConstitutionDay, we are proud to reflect on the accomplishments of this great experiment in democracy and renew our commitment to the goals of liberty and justice for all. https://t.co/gTwg2KZ8i0