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20 Apr 2016, 11:33 am by MBettman
., Inc. 95 Ohio St. 3d 467 (2002)(the Recreational User Statute immunizes property owners from injuries that arise from a defect in the premises. [read post]
9 Dec 2015, 7:19 am by The Law Offices of John Day, P.C.
Lakeside, Inc., 439 S.W.3d 303 (Tenn. 2014), where the Tennessee Supreme Court “made clear that Tennessee Rule of Civil Procedure 56.04’s directive that ‘the trial court shall state the legal grounds upon which the court denies or grants the motion which shall be included in the order reflecting the court’s ruling’ is mandatory. [read post]
17 Oct 2015, 5:29 am by Schachtman
No serious observer or scholar of the law of evidence can deny that the lower federal courts have applied Daubert and its progeny, and the revised Federal Rule of Evidence 702, inconstantly and inconsistently, in their decisions to admit or exclude proffered expert witness opinion testimony. [read post]
28 Aug 2015, 6:40 am by John-Paul Boyd
A few years ago I was doing some work for a professional association on guidelines for dealing with litigants without counsel and I was struck by the extent to which some legal professionals regard litigants without counsel as interlopers who gum up the finely tuned, well-oiled machine that is their justice system. [read post]
23 Jul 2015, 5:04 am by Jon Gelman
The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.Sounding very much like a workers' compensation standardized employment status test, the US Department of Labor has added its interpretation this developing area of the law. [read post]