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Day on Torts

Day on Torts

Published by
John Day

Day on Torts is the blog of John A. Day of Day & Blair. He represents plaintiffs in personal injury and wrongful death cases. He also represents people and businesses in business litigation.

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Featured Articles

Big Firm Associate Sues - Says He Was Fired For Being Too Intelligent

John Day

August 22, 2011 08:51

I don't have a Category titled "You Won't Believe This Crap" but, if I did, this post would be filed there. According to the WSJ Law Blog,  New York City lawyer Gregory Berry has sued his former firm for more than $75 million, claiming the firm fired him for exhibiting...

Lawyers and Others Sued For Defamation by New Lawyer

John Day

June 20, 2011 09:49

When a new lawyer decided to try his first case by defending a man accused of murder, it is no surprise to any lawyer with a room-temperature IQ that things would not go well.  At all. So, when a mistrial was declared in the case based on the lawyer's ineptness, some lawyers expressed dismay...

A Court Calls Out a Jerk

May 14, 2010 09:15

Plaintiff had the obligation to seek attorneys fees in a case by a date certain.  Plaintiff''s counsel and defense counsel agreed on multiple occasions to extend the deadline so that they can negotiate the fee issue, but Plaintiff failed  to file a written stipulation concerning the...

A Surplus of New Lawyers

John Day

June 30, 2011 10:42

It comes of no surprise to lawyers that there are lots of lawyers looking for work.  Our office receives resumes from lawyers almost on a daily basis,  and many have impressive backgrounds. This article from the June 29, 2011 New York Times describes the state of the employment...

Jurors on the Internet

John Day

December 20, 2010 08:13

The Internet provides all of us easy access to information, and it is no surprise to anyone that jurors are going there to get data during trials. This article from MSN reveals that "Reuters Legal, using data from the Westlaw online research service, a Thomson Reuters business, compiled a...

Twombly and Iqbal Do Not Apply in Tennessee State Courts

John Day

July 25, 2011 11:23

The Tennessee Supreme Court has ruled that  Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v.Iqbal, ___ U.S. ___, 129 S. Ct. 1937 (2009) do not apply to cases filed in Tennessee state courts.  The extremely well-written opinion marshals the arguments against the...

Jury Selection Software for iPad

John Day

January 03, 2011 08:21

Are you an iPad user?  Here is a new app that facilitates jury selection.  Here is a video on how to use the app. Turn to Tablet Legal for more information about how to use the iPad in your practice.

Food Safety Bill Close to Becoming Law

John Day

December 23, 2010 08:52

Bill Marler has shared this summary of the new food safety legislation with us.  Bill actively worked to get this bill passed. · S. 510 is intended to respond to several food safety outbreaks in recent years by strengthening the authority of the Food and Drug Administration (FDA) and...

Gulf Oil Spill: The Impact of Damage Caps Will Be Felt By Tens of Thousands

May 04, 2010 14:52

You haven't seen much about it in the press yet,  but BP has the benefit of a cap that will probably limit its liability for the oil spill in the Gulf.  Section 1004 of the Oil Pollution Act (OPA), passed into law in August 1990 after the Exxon Valdez incident, limits the liability...

Is Your Client on Facebook?

April 12, 2010 10:00

Stark & Stark's Pennsylvania Law Monitor has a nice post about the impact of Facebook on personal injury litigation.   An excerpt: The Internet and social networking sites have changed the face of litigation in this country. However, there are some precautions that you can take to protect...

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