The case of Tracy Lynn Eiswert is a long and complicated one that sheds light on the difficulties that plaintiffs may face in receiving justice under Tennessee’s current medical malpractice laws, and the role of the federal court in shaping the understanding of such laws. Scott Walter Eiswert was a…
In many cases in which criminal charges arise, it may also be possible for an individual litigant to bring civil claims alleging personal injuries and damages. Thus, for instance, while the state is investigating whether a defendant committed a DUI that resulted in the death of another driver, the family of the…
Tennessee is one of a significant number of states that currently have a mandatory motorcycle helmet law. This law requires that all drivers and passengers of motorcycles wear a helmet while the motorcycle is in operation, for their own safety and the safety of others. The law, Section 55-9-302 of…
Slip and fall injuries can happen when you least expect it, leaving you to deal with the aftermath while trying to recover at the same time. People of all ages are apt to these types of accidents and often end up injuring more than just their pride. Slip and fall…
We have all experienced the sudden sound of sirens in the distance and the quickly approaching flashing lights that signal an emergency vehicle making its way to an urgent situation. We are all no doubt familiar with the laws that require us to pull over to the side of the road…
Gun control and gun rights are a hot topic of political debate in cities and communities throughout the country, and Tennessee is not immune to such controversy. In the wake of increasing gun violence and a rise in gun-related deaths, proponents on both sides dispute whether the route to improved public…
Driving a motorcycle carries a certain appeal for a lot of people here in Tennessee, and although driving one carries many advantages, there are some significantly higher disadvantages as well. Tennessee is one of the best places to be a rider with the gorgeous scenery and endless miles of…
Individuals and companies that own land or buildings owe a duty to the public to exercise due care in order to prevent the general public from being injured on their property. This often means that property owners must address known dangerous conditions on their land or in their buildings, or must make…
Medical malpractice cases can be a confusing. To win you must establish that you have a recoverable claim. The way you know if you have a valid legal claim is by determining if the medical team in question violated the standard of medical care. Establishing A Valid Claim The standard…
In what is becoming a common topic on legal blogs and in the media, the tort reform caps imposed by the Tennessee Civil Justice Act are again the focus of legal and legislative attention, but this time for different reasons. In light of recent legal challenges to the constitutionality of the…