Blog

Some of the first concepts that law students are taught involve identifying the potential parties to a lawsuit and the appropriate court to file their claim. For instance, in order to seek relief in a court of law, a potential plaintiff must have standing. This means that the party has a sufficient connection to the issue to support that person's participation in the legal proceedings at issue.It's a simple enough idea. But what happens when a plaintiff dies before the matter is resolved? Tennessee Rules of Civil Procedure 25.01 states that, unless the claim is extinguished by the plaintiff's death, another interested party (such as the successor or representative of the plaintiff) may file a motion to be substituted as the plaintiff.A Tennessee appellate court recently had an occasion to review a trial court's decision regarding this issue in a motor vehicle collision case. Read More

By Jessica Surber, attorney English, Lucas, Priest and Owsley, LLPA Missouri jury found in favor of a woman who developed ovarian cancer after long-term use of talcum powder in her genital area, awarding her $70 million in damages in late October.This is the third large verdict against Johnson and Johnson in 2016, with two other juries handing out $55 million and $72 million verdicts to women or their families who were affected by ovarian cancer after the women’s long-term use of talcum powder products. Johnson and Johnson is the maker of Johnson’s Baby Powder and Shower to Shower, both products containing talc that have been used by women in the genital area for decades. The public recently learned that Johnson and Johnson and other companies knew of this product’s link to ovarian cancer, but continued to market the product as safe for such use. Read More

Adoption month highlights need for adoptive families Read More

 In Kentucky, basic reparations benefits (BRB) are typically available without regard to fault in an automobile accident case, up to the insured's policy limits for such benefits.Recently, the state's appellate court was called upon to review the procedures of a particular insurance company that had made it a practice to terminate such benefits based solely on "paper reviews" of its insured's medical records. Read More

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLPEveryone who owns a home gets a bill from their local municipality for property taxes. It’s not a surprise that it’s coming. Most of us sigh, write the check (or let your mortgage holder do it) and move on, wondering what that money really does, anyway. (Short answer: it funds governments and schools.)But every now and then, you get a property tax bill that makes you do a double-take because it is larger than you expected. There are a few reasons this can happen.Your local government entity increased its tax rate. Your property was recently re-assessed, and the value has increased. A new tax referendum passed, increasing your rate. Someone made a mistake.You don’t have to accept the tax bill you’re sent if you truly believe the tax rate or assessment is wrong. You can protest – and I’ll walk you through how to do that. Read More

Pursuant to the Tennessee Governmental Tort Liability Act, certain governmental entities can be held liable for damages resulting from their negligence. In this bus injury case, the plaintiff won the first round, but a higher court overturned the ruling.In order to succeed in such a negligence case, the plaintiff must show that the defendant owed a duty of care to the plaintiff, that the defendant engaged in conduct that amounted to a breach of that duty, that the plaintiff sustained an injury or loss, and that there was causation (both causation in fact and proximate or legal causation). If any of these elements fails, so does the plaintiff's cause of action. Read More

When a person is involved in a motor vehicle accident, he or she typically expects there to be a dispute about who was at fault or how much the claim is worth. What most people do not expect, however, is that a "routine" car accident case can quickly escalate into a battle with one's own insurance company.A recent case decided by Kentucky's intermediate court of appeals illustrates the difficulties that can arise when an insured's expectations as to what is provided under a policy do not line up with the language of the actual document. The case came down to what type of insurance would be paying the claim: uninsured motorist or liability insurance coverage. Read More

By Nathan VinsonThe IRS recently enacted a new IRA rollover rule that’s actually good for consumers, and something that can really help you – but it is a lot more complicated than it appears on the surface. Essentially, the IRS is now giving you a year to roll your old retirement account into a new account or IRA, but only if you’ve faced difficult circumstances that delayed you from making the transaction.In the past, once you leave a job, you may have received a check for the balance of the funds in your 401(k) (or 403(b) or 457 plan, which are used by non-profits and government agencies, respectively). Once the check is in the mail, you’ve traditionally had 60 days to roll that money into an IRA or other qualifying retirement account.The administrator of the retirement plan is required to withhold taxes plus a penalty from your check, and will report that to the IRS. You won’t see the withheld money again, unless you roll over the funds within that 60-day time period.The basic concept is that Uncle Sam wants you saving for retirement, and penalizes you if you don’t keep up with it. Plus, 401(k) money goes into the account pre-tax, so it’s their chance to tax the money – and as we all know, the government never misses a chance to grab some dollars. Read More

Each year, thousands of people are injured in fall accidents. According to statistics maintained by the Center for Disease Control, a significant percentage of these accidents result in serious injury or even death. The case we are examining in this blog post was a fall on ice.In situations in which a person falls on someone else's property and is injured, he or she may be able to bring a premises liability lawsuit against the owner of the property, if the landowner's negligence contributed to the accident. If successful, the plaintiff in such a lawsuit may be able to recover medical expenses, lost wages, compensation for pain and suffering, and other damages. Read More

If you follow this blog regularly, you have probably read several posts regarding situations in which a car accident lawsuit or other type of complaint was dismissed due to the plaintiff's failure to file a claim within the statute of limitations. It is a common problem, and one of the reasons we emphasize contacting an attorney as soon as possible when you have been injured.Filing a timely claim in a court of competent jurisdiction is only the first step in the process of filing a lawsuit. The complaint also has to be served upon the defendant according to the applicable rules of civil procedure. Read More