2013 Tort Law Conference for Tennessee Attorneys: Materials Only
Held on Friday, December 13, 2013
This conference featured Nashville Judge Tom Brothers, and a faculty of leading Tennessee tort law attorneys discussing the latest changes and decisions of critical interest to your successful practice.
- Damages in personal injury cases -- pain and suffering, loss of consortium, disfigurement, loss of impairment of mental or physical capacity, loss of enjoyment of life, loss of opportunity, loss of income, loss of earning capacity, future fringe benefits, and punitive damages
- Litigating governmental liability claims -- traffic controls, streets and sidewalks, care or control of animals, prison litigation, and police misconduct
- E-Discovery -- ESI issues to address in the courtroom, including proportionality, when to collect, popular search mistakes, privilege and privilege logs, social networking, cloud computing, and foreign discovery
- Pursuing different theories in automobile accident cases -- vicarious liability, the family purpose doctrine, negligent entrustment, and John Doe cases
- Procedure -- rules of civil procedure, appellate procedure, evidence, and court rules, as well as standards of review, that practitioners don’t often encounter but tend to mess up when they do
- Medical malpractice -- compliance with pre-suit notice and certificate of good faith requirements and the locality rule after Shipley
- Case law update -- get up to date on the latest decisions from the Tennessee appellate courts
- Ethical considerations -- avoiding malpractice, maintaining client confidentiality, and dealing with conflicts of interest when representing multiple clients and when collecting attorney fees
- Laura Baker, The Law Offices of John Day, PC
- Brandon E. Bass, The Law Offices of John Day, PC
- Judge Thomas W. Brothers, Davidson County circuit court
- Robert M. Burns, Howell & Fisher, PLLC
- James P. (Jim) Catalano, Leitner, Williams, Dooley & Napolitan, PLLC
- Daniel L. Clayton, Kinnard, Clayton & Beveridge
- Keith C. Dennen, Dickinson Wright PLLC
- Candi Henry, Dodson Parker Behm and Capparella PC
Laura Bishop Baker, a member of the Law Offices of John Day in Brentwood, helps people who have been injured due to the fault of others. She has experience in cases involving medical malpractice, products liability, and other acts of negligence; but she focuses her practice on assisting victims of automobile and trucking accidents against drivers whose carelessness caused harm. She has assisted individuals who have suffered serious injuries, including amputation of limbs, spinal fractures and spinal cord injuries, traumatic brain injuries, and orthopedic injuries. She also assists individuals who have suffered harm as a result of negligence by property owners, including restaurants and hotels. She was elected cccofc the Lawyers’ Association for Women (LAW) in 2012.
Brandon Bass was named a Shareholder in the Law Offices of John Day in Brentwood in 2010. Mr. Bass focuses on helping people who have been badly injured or lost a loved one. His core practice areas include product liability, medical malpractice, and trucking lawsuits. He frequently writes on personal injury and wrongful death legal issues. In addition, he is Associate Editor of the Tennessee Trial Law Report – Tort Edition. The Trial Law Report is a monthly newsletter on tort law, evidence, civil procedure and trial in Tennessee.
Judge Thomas W. Brothers was appointed to a term on the Davidson County Circuit Court in February 1989, was elected in 1990, and was reelected in 1998 and 2006. He practiced law in Nashville as a solo practitioner (1978-89) in the law offices of Jack Norman. Judge Brothers is a member of the Tennessee, Nashville and American Bar Associations and L.A.W. He is a member of the ABA Judicial Division’s Technology Committee.
Robert M. Burns, a member of Howell & Fisher, PLLC, has defended a wide variety of professional liability, civil rights and municipal liability claims. In his professional liability practice, he has successfully defended physicians, nurses, dentists and health care entities in personal injury and wrongful death suits. He also has successfully represented a number of municipalities, municipal employees and elected officials across Tennessee on claims alleging theories of civil rights violations, discrimination, harassment and negligence.
James P. (Jim) Catalano, a member of Leitner, Williams, Dooley & Napolitan, PLLC, has tried many cases to verdict in courts across the state successfully, representing a wide variety of clients in a variety of cases. He also regularly argues before the appellate courts. He is dual board certified as both a civil trial specialist and a civil pretrial practice advocate. He is listed in the Best Lawyers in America® and Mid-South Super Lawyers (every year since 2010) as well as being recognized by the Nashville Business Journal as one of the Best of the Bar.
Daniel Clayton, with Kinnard, Clayton and Beveridge in Nashville, was named 2012 Best Lawyers – Lawyer of the Year – Nashville in the area of Medical Malpractice. In addition, he is listed by Best Lawyers in America® in the areas of Personal Injury and Product Liability. He was named to the Nashville Post’s 2011 – Top 101 Lawyers and Mid-South Super Lawyers Top 100 List. He is a Past President of the Tennessee Association for Justice. He is certified as a Civil Trial Specialist and a Medical Malpractice Specialist.
Keith C. Dennen, a member of Dickinson Wright PLLC, concentrates his practice in the areas of health care law, intellectual property law, estate and probate, employment law, corporate and transactional law and litigation. He has represented clients in a range of matters including in administrative, regulatory, corporate governance, contract disputes, patent infringement, and more.
Candi Henry is Of Counsel with Dodson Parker Behm & Capparella, PC. She advises municipal agencies, companies, and individuals on a wide range of business, employment, and contract matters. Her litigation practice focuses on handling appeals. She served for over two years as a judicial law clerk to the Honorable William C. Koch, Jr., clerking for Justice Koch on both the Tennessee Court of Appeals and the Tennessee Supreme Court.
2013 Tort Law Conference for Tennessee Attorneys: Materials Only
8:00 a.m. to 9:00 a.m.
Tort Law Update
Brandon E. Bass
The Law Offices of John Day, PC
Mr. Bass will review tort law cases from the Tennessee appellate courts, dealing with such issues as:
- Preemption of claims premised on lack of passenger seatbelts and use of tempered glass in side windows of bus
- Negligence of county in not timely releasing plaintiff who was attacked by cellmates
- Liability of employer when on-call employee is involved in accident while traveling to work
- Award of zero damages in case in which plaintiff suffered injury in automobile accident that caused encapsulation around her breast implants to rupture
- Whether chair with caster wheels on uncarpeted title floor constitutes dangerous condition
9:00 a.m. to 10:00 a.m.
Damages in Personal Injury Cases
James P. (Jim) Catalano
Leitner, Williams, Dooley & Napolitan, PLLC
- General v. special damages
- Pain and suffering
- Loss of companionship/consortium
- Loss of impairment of mental or physical capacity
- Loss of enjoyment of life
- Loss of opportunity
- Loss of income, earning capacity and future fringe benefits
- Punitive damages
- Damages in fatality cases
- Temporary or permanent injuries?
- Pre-existing, recurring, and aggravated conditions
- Medical expenses
10:00 a.m. to 10:15 a.m.: Morning Break
10:15 a.m. to 11:15 a.m.
Litigating Governmental Liability Claims: Common Causes of Actions and Popular Defenses
Robert M. Burns
Howell & Fisher, PLLC
- Personal and real property
- Trees, traffic controls, and street lighting
- Streets and sidewalks
- Care, custody, or control of animals
- Prison litigation
- Police misconduct: Excessive force, use of restraints, police pursuits, and Taser cases
- Heck doctrine
- Rooker/Feldman doctrine
- Statute of limitation, notice of claim, and accrual
- Release-dismissal agreements
11:15 a.m. to 12:00 p.m.
The Rules You Don’t Know You Don’t Know
Dodson Parker Behm and Capparella PC
Ms. Henry will go over some rules of civil procedure, appellate procedure, evidence, court rules, and standards of review that practitioners don’t often encounter but tend to mess up when they do.
12:00 p.m. to 1:15 p.m.: Lunch (on your own)
1:15 p.m. to 2:15 p.m.
Hot Topics in Medical Malpractice
Daniel L. Clayton
Kinnard, Clayton & Beveridge
Mr. Clayton will review recent developments in medical malpractice, including recent appellate court decisions on compliance with pre-suit notice and certificate of good faith requirements, proving an expert is familiar with the standard of care in the community after Shipley, and lack of adequate staffing as a basis for recovery.
2:15 p.m. to 3:15 p.m.
Judge’s Perspective on E-Discovery
Judge Tom Brothers
Nashville circuit court
- Coordination with the court
- Presenting your e-discovery properly
- Electronically stored information issues to address in the courtroom: Proportionality, when to collect, popular search mistakes, privilege and privilege logs, social networking, cloud computing, and foreign discovery
- Cooperation in the courtroom
- Sanctions and e-discovery
3:15 p.m. to 3:30 p.m.: Afternoon Break
3:30 p.m. to 4:30 p.m.
Ethics in Tort Law
Keith C. Dennen
Dickinson Wright PLLC
- Rules of Professional Conduct
- Avoiding grievances and malpractice
- Maintaining client confidentiality
- Conflicts of interest: Attorney’s fees and representing multiple clients
4:30 p.m. to 5:15 p.m.
Pursuing Different Theories in Automobile Accident Cases
The Law Offices of John Day, PC
- Vicarious liability by statute
- Family purpose doctrine
- Negligent entrustment
- John Doe cases