Law Blog – Lex et Scientia

Filing a Civil Lawsuit: 5 things to know

Filing a Civil Lawsuit: 5 things to know

It can be surprising--and often frustrating--to learn how lengthy the average lawsuit process really is. People often file claims with the hope of obtaining a quick settlement within a few weeks, but such an outcome is sadly unrealistic. The lifespan of an average civil lawsuit is often a year or more, depending largely on the complexity of the case. Read below to learn more about filing a civil lawsuit, the ballpark timelines for each, and...
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Nashville Bicycle Accident Attorney:  Bike Injuries on the Rise

Nashville Bicycle Accident Attorney: Bike Injuries on the Rise

Bike injuries are on the rise, and more people may need a Nashville Bicycle Accident Attorney than ever. A recent CNN post caught our attention. It notes that: "Injuries among adult bicyclists are up since 1998, according to a study published Tuesday in the Journal of the American Medical Association, with injuries to cyclists older than 45 fueling the increase. The study's authors analyzed data collected from about 100 U.S. emergency rooms for the National...
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Choosing a Nashville product liability attorney

Choosing a Nashville product liability attorney

When a consumer buys a product, they rightfully expect it to perform safely and efficiently. Unfortunately, that isn't always the case. A defective product –- one that is designed with flaws or manufactured improperly –- may cause injury to consumers, sometimes with tragic consequences.  That’s when you may need to call our Nashville product liability lawyers to discuss and injury lawsuit. Each state's law provides consumers with a legal remedy--the right to sue for money...
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Good Kids, Bad City: Book Review

Good Kids, Bad City: Book Review

In the May 2019 issue of the Tennessee Bar Journal, Nashville civil rights attorney Christopher Smith reviews Good Kids, Bad City by author Kyle Swenson.   The review is reproduced with permission below: Three innocent men, wrongfully imprisoned for a combined 106 years — a dismal American record — walked free from a Cleveland, Ohio, courthouse in November 2014. Despite their innocence, they had been convicted of murder in 1975 based on the eyewitness testimony of a...
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Defective medical device lawsuits

Defective medical device lawsuits

According to a recent market forecast, the medical device industry is currently worth over $400 billion and is growing quickly. The fast-expanding market for medical devices means that new products are released into the hands of healthcare providers almost every day. Many of these products are thoroughly researched and tested before they are given to patients---but many are not. And when a patient relies on a medical device to stabilize or improve their condition, the...
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Tennessee’s Dog Bite Laws

Tennessee’s Dog Bite Laws

Tennessee’s dog bite law may prove confusing to victims at first glance. Tennessee law imposes different standards of liability on dog owners depending on where, and under what circumstances, their dog caused injury to another. To better understand a dog owner’s liability under Tennessee law, we’ll break the statute down into the different situations it covers. Often sudden, terrifying, and extremely painful, dog attacks can cause significant trauma and sometimes permanent physical damage to victims....
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Tennessee cracks down on distracted driving

Tennessee cracks down on distracted driving

In April 2019, the Tennessee Highway Safety Office launched a new campaign, dubbed Operation Incognito, in an effort to reduce distracted driving on state highways, particularly in the Chattanooga area. Cracking down on distracted driving The campaign involves highway safety officers boarding a CARTA bus to observe passing drivers for signs of texting behind the wheel. If distracted drivers are spotted, the bus officers radio nearby patrol cars to pull over and issue citations to...
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How to get a Tennessee Crash Report

How to get a Tennessee Crash Report

If you’ve been involved or injured in a recent Tennessee auto accident, you may want to obtain a copy of the Tennessee crash report for your own records, or to keep on hand in the event of potential litigation. The information contained in a crash report can be invaluable, especially if an injury occurred and you expect litigation to arise from the circumstances of the crash. Getting a crash report is generally easy, and can...
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Montgomery County couple killed in head-on collision

Montgomery County couple killed in head-on collision

A couple was killed on Friday afternoon in Montgomery Country, Tennessee, when a speeding Jeep collided head-on with their SUV. Juvenile driver crossed the center line Joseph and Mitzi Barr were driving down Lylewood Road in Woodlawn when a black Jeep, traveling in the opposite direction at a high rate of speed, crossed into the opposite lane and hit them head-on, flipping their SUV. The driver of the Jeep survived the collision and was immediately...
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New $80 million verdict in Roundup cancer lawsuit

New $80 million verdict in Roundup cancer lawsuit

Jury in Roundup cancer lawsuit finds for Plaintiff On Thursday, a California court awarded $80 million to Edwin Hardeman, plaintiff in the most recent Roundup cancer lawsuit. Like many homeowners, Hardeman used Roundup regularly as part of his property maintenance routine. However, he recently developed non-Hodgkins lymphoma, a cancer of the lymph nodes that has been associated with Roundup in previous litigation. Hardeman filed his products liability suit against Monsanto, the manufacturer of Roundup, alleging...
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Nashville veterans sue 3M over defective military earplugs

Nashville veterans sue 3M over defective military earplugs

Nashville veterans bring defective military earplug lawsuit Two former Marines are suing 3M in a products liability case, alleging that the company’s defective military earplugs caused permanent hearing loss and tinnitus. The veterans, who filed a defective military earplug lawsuit on Friday, both served overseas deployments and relied upon the military-grade earplugs to protect their hearing in combat situations. After only a few years, however, both men were discharged with significant hearing damage.   In...
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Military Earplugs Lawsuits

Military Earplugs Lawsuits

Military earplugs lawsuits are on the rise as more American veterans are suffering injuries from allegedly defective earplugs.  The Tennessee products liability attorneys at David Randolph Smith & Associates are investigating claims on behalf of Tennessee veterans who may have suffered hearing loss as a result of defective military earplugs. Defective earplugs were supposed to protect troops Regular earplugs are often insufficient to protect troops from the extreme noises of training and combat, so many...
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Information on Stage 4 Bedsores

Information on Stage 4 Bedsores

Nursing Home Neglect Bedsores, also known as pressure ulcers, are wounds to the skin caused by applying constant pressure to the same areas for an extended period of time. Bedsores typically develop when a bedridden patient remains in the same position for too long, creating lesions where the body’s weight rests. The highest risk of bedsores occurs in disabled and elderly patients who are partially or completely immobile, and who rely on caregivers to help...
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Partnership Liability for Intentional Torts of Partner

Partnership Liability for Intentional Torts of Partner

Court rules Tennessee partnership may be held liable for partner’s assaults In a March 11, 2019 Order Denying Summary Judgment, the Davidson County Circuit Court held that a local Nashville business may face liability for the tortious acts of its general partner.  This unique ruling highlighted an issue that has gone largely unaddressed in Tennessee tort law. The case is Jane Doe v. Dance World of Nashville and Danny Baye, Case No. 16C3116. Plaintiff, represented...
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Tennessee Accident Attorneys

Tennessee Accident Attorneys

At David Randolph Smith & Associates, we understand just how life-changing a sudden accident can be. Our Tennessee injury attorneys have decades of experience with complicated accident cases involving everything from motorcycles to tractor trailers. The Tennessee accident lawyers at David Randolph Smith & Associates stand ready to support your accident claim every step of the way.   Different types of vehicle accident claims present unique challenges. Anything from investigation methods to substantive law can...
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Updates on Damages Caps in Tennessee

Updates on Damages Caps in Tennessee

Damage Caps in Tennessee In December 2018, the U.S. Court of Appeals for the Sixth Circuit struck down Tennessee’s damage caps on punitive damage awards. The Tennessee Attorney General is now petitioning for the case to be sent to the Tennessee Supreme Court for further consideration.   The punitive damage cap issue arose from a Memphis life insurance case in which Jackson National Life Insurance refused to pay out a $350,000 policy to two children...
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Sandy Hook families sue gunmaker in products liability case

Sandy Hook families sue gunmaker in products liability case

Families of the victims of the 2012 Sandy Hook massacre have brought a products liability lawsuit against Remington, which manufactured the assault rifle used by gunman Adam Lanza. The families allege that Remington advertised the assault rifle, a Bushmaster AR-15, as a “combat-style weapon” for civilians, and that these marketing strategies encouraged an unsafe and illegal manner of using the gun. Gunmaker's Marketing Encouraged Violence The victims’ families point to Remington’s commercials and slogans for...
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Nashville Negligent Security Lawyers

Nashville Negligent Security Lawyers

Our Nashville negligent security lawyers can help bring justice to those injured at bars, nightclubs, restaurants, hotels, shopping centers, and other premises. The experienced Nashville personal injury lawyers at David Randolph Smith & Associates have the expertise to handle complex negligent security cases in Tennessee. What is negligent security? Negligent security is a form of premises liability, a legal theory which holds that a landowner or tenant may be liable for harm that comes to...
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Operation Candy Crush Lawsuit Moves Forward

Operation Candy Crush Lawsuit Moves Forward

Our firm's Operation Candy Crush lawsuit will move forward. CLICK HERE to read the Opinion. Judge Denies Motions to Dismiss in Operation Candy Crush Lawsuit We filed a federal civil rights lawsuit over Operation Candy Crush, a law enforcement operation in which several store owners were arrested for selling legal CBD products alleged to be illegal marijuana. On Wednesday, March 6, 2019, Judge Aleta Trauger for the Middle District of Tennessee denied the motions to...
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Tennessee Onglyza Lawsuits

Tennessee Onglyza Lawsuits

What is Onglyza? Our firm is exploring Tennessee Onglyza lawsuits. Onglyza is an AstraZeneca prescription medication that regulates blood sugar levels in patients with type 2 diabetes. Ideally, Onglyza works to stabilize and support the insulin levels of the diabetic patients who rely upon it, preventing serious complications and improving the patients’ quality of life. Unfortunately, the effects of Onglyza aren’t always so positive. Recent concerns about Onglyza’s unintended, serious side effects have led to...
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