Articles Posted in Lawsuits Arising From Criminal Conduct

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AI presents a new legal threat and people involved in litigation or who are contemplating litigation need to be aware of it.  You may have already heard about situations in which lawyers relied too heavily on AI and got in trouble with the court.  If not, just Google “lawyer who used AI to write brief”, and you can read case after case in state after state where lawyers have been sanctioned by courts for using AI to write their briefs.  While there is not a general prohibition on lawyers using AI, there are strict prohibitions about lawyers citing non-existent cases, erroneously quoting previous case law, etc.  In the cases of the sanctioned lawyers, AI “hallucinated” and gave the lawyers incorrect information and the lawyers did not double check its accuracy before submitting it to the Court.  Now, there is a new danger, and it is with clients asking AI legal questions either before or during the litigation. Continue reading

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In today’s post, we thought we would go over some commonly misunderstood legal terms.  The idea developed after re-watching the series Friends with our teenage daughter.   In Season 7, Episode 8, Joey misunderstands the term “moot” when discussing Rachel’s assistant and instead uses “moo” to great comedic effect.  Like many professions and jobs, the law uses some terms that don’t arise in everyday conversation so here are some of the terms most commonly Googled by Americans along with our explanations as to their meanings. Continue reading

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Regardless of whether you call it Blackout Wednesday, Thanksgiving Eve, Whiskey Wednesday or Drinksgiving, the day before Thanksgiving is popular for excessive drinking.  More recently, Green Wednesday has entered the nomenclature, and it refers to those who prefer marijuana to, or in addition to, alcohol on the day before Thanksgiving.  The day before Thanksgiving is a popular day for partying for several reasons.  First, college kids and young adults return to their hometown for the Thanksgiving holiday and are eager to socialize and catch-up with old friends.  In addition, plenty of folks get off work and are ready to unwind knowing they have the next day off from work.  As a result, the National Highway Traffic and Safety Administration reports that the Wednesday before Thanksgiving is one of the deadliest days of the year for drunk driving.  Here are some things you can do to protect yourself and others. Continue reading

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At this time of year, across college campuses, fraternity hazing is well underway.  The pinnacle of fraternity hazing is “Hell Week”, which is typically the last step before formal initiation into a fraternity.  Hell Week and the rest of the pledge process are often characterized by physically demanding activities, sleep, drink and food deprivation, forced consumption of alcohol and nicotine (vapes, Zyn pouches, etc.), paddling or other forms of physical abuse, humiliation, exposure to extreme cold or heat, etc.  The pledges’ eagerness to join a fraternity makes them easy targets for mental and physical abuse that can often result in injury or death.  Is hazing illegal? Who can be held responsible? Continue reading

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In the first quarter of 2025, the number of recalled products in our country rose 25%.  Primarily, the increase was a result of more recalls related to food, drink and pharmaceuticals, although consumer products had their highest number of recalls in 14 years. Interestingly, these increases come against a backdrop of an understaffed agency.  The Government Accounting Office has reported that the Food and Drug Administration (FDA)  has been understaffed for inspections since 2018, during the Biden administration. However, with the cuts by DOGE that were approved by the Trump administration, the FDA’s budget and staffing has been reduced even further.  The unfortunate but obvious prediction is that there will be more recalls and more injuries to the American public. Continue reading

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Super Bowl Sunday is almost here.  Whether you are an Eagles fan, a Chiefs fan or you are just excited about the dips and commercials, if you are hosting a party, do you know legal responsibilities if you are serving alcohol?   What about if your dog bites someone at the party?   What about if your buffalo chicken dip gives everyone food poisoning?   Read on to learn how Tennessee law handles some of these questions. Continue reading

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Drunk driving accidents are on the rise across the country, and Tennessee is no exception.  Tennessee ranks 12th in the nation for drunk driving accidents, and nearly 27% of all fatal Tennessee car accidents involve a drunk driver. Continue reading

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Do you have plans to go out for New Year’s Eve?  As you celebrate the end of 2024, be sure to start 2025 safely and responsibly.  According to the National Safety Council, on New Year’s Eve, 42% of fatal car crashes are alcohol-related, which is triple the rate of other days throughout the year.  The Murfreesboro office of the Law Offices of John Day wants to help get you home safely.  For the 8th consecutive year, we are offering Uber rides home on New Year’s Eve.  Read on for details and the Uber code. Continue reading

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The college football season is almost here, and The Law Offices of John Day is excited to announce that once again it will offer Middle Tennessee State University Blue Raiders fans discounted Lyft rides home after the game.  Read on to learn how to take advantage of this offer and why you should. Continue reading

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Part of our job is to attempt to keep up with what our opponents (the insurance industry and their lawyers) are thinking and doing.  One of the many ways we try to do that is by reading insurance industry publications such as Claims Journal.  In a recent Claims Journal article, the author interviewed Harish Kapur, CEO of Across America Insurance Services.  Mr. Kapur’s comments are nothing new to us, but they are a good reminder to anyone who is considering filing a personal injury or wrongful death claim.  Here are three key take-aways:

  1. The insurance companies handle injury claims all day-every day, while this is hopefully your one and only injury claim.

Mr. Kapur bragged about his “crack team of in-house adjusters” and how they “have to know everything about the file.”   The insurance adjusters know what information is critical.  They know how to ask questions and frame the narrative during a recorded statement.  They are trained how to interview witnesses and scour the internet for information on you.

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