Publications

John A. Day

Book Chapters and Articles 

                                   

Day, J.A.,  Tennessee Bar Journal – Articles for “Day on Torts” Column                   

“Party Planning for Tort Lawyers” – November, 2009

            “Recreation Limits Litigation” – May, 2009

            “NEID Claims After Flax and Eskin” – January, 2009

            “Discovery Rule:  Opinion Causes Headache” – May, 2008

            “Strike One, You’re Out” – January, 2008

            “Be Careful What You Say” – September, 2007

            “Corporate Veil Not Pierced in Business Tort Case” – May, 2007

            “Can a Minor Sue for Pre-Majority Medical Expenses?” – January, 2007

            “You Sunk My Lifeboat!” – May, 2006

            “What Constitutes ‘Bad Faith’ in Tennessee? – January, 2006

            “Ex Parte Communications with Treating Physicians – September, 2005

“A Primer on the Law of Negligent Infliction of Emotional Distress” –

May, 2005

“Abandoning Stare Decisis Is Sometimes the Best Course” –

September 2004

“Things That Go Bump in the Night” – May, 2004

“Tort Law ‘Blue Chippers’, Part 2” – January, 2003

“Tort Law ‘Blue Chippers’” – September, 2002

“’Jordan’ Stew” – May, 2002

“Do You Believe In Magic?” – January, 2002

“Fear the Dark No More” – September, 2001

“Loss of Filial Consortium” – May, 2001

“Plaintiffs Must Bear Cost of Immunity” – December, 2000

“TennCare Subrogation Changes Again” – October, 2000

“Subrogation of Future Medical Payments” – August, 2000

“No Fault for Phantoms” – June, 2000

“The Law of Informed Consent” – April, 2000

            “Made Whole?” – February, 2000

            “Proof in Outrageous Conduct Cases” – January, 2000

            “Issues Raised by Jordan” – December, 1999

 

Day, J.A., “The New New Medical Malpractice Notice and Certificate of Good Faith Statutes.”

Tennessee Bar Journal, July 2009  (Feature Article)

           

Day, J.A., “What it Takes to be A Great Trial Lawyer”

            The Verdict, Spring 2008;

reprinted in Tennessee Bar Journal, November 2008  (Feature Article)

reprinted in Ohio Trial, Fall 2008

reprinted in The Prairie Barrister, Winter 2008

reprinted in Tennessee Trial Lawyer, Spring 2009

 

Day, J.A., “Should You Risk Taking the Case?”

Trial, January 2008

 

Day, J. A., “The Economics of Case Acceptance,”

            The Tennessee Trial Lawyer, Vol. 25 No. 3, Fall 2006

 

Day, J. A., “The Assault on Patient’s Rights,”

            The Tennessee Trial Lawyer, Vol. 25 No. 1, Spring 2006

 

Day, J.A., “Calaway v. Schucker:  Will the Statute of Repose Bar Kaitlyn’s Claim?”

The Tennessee Trial Lawyer, Vol. 24, No. 1, Spring, 2005

 

Day, J.A., “Comparative Fault Cases Pending Before the Tennessee Supreme Court”

            The Tennessee Trial Lawyer, Vol. 17, No. 4, Winter, 1998

 

Day, J.A., "Civil Appellate Review - One Step Forward, Two Steps Back"

The Tennessee Trial Lawyer, November, 1992

 

Day, J.A., "Civil Appellate Review,"

The Tennessee Trial Lawyer, August, 1992

 

Day, J.A., "Proposed Rule Changes,"

The Tennessee Trial Lawyer, Spring, 1992

 

Day, J.A. "Mix, But No Match:  Preparing a Case Against Pharmacists for Failure to Warn About Drug Interactions,"

Verdict, Vol. 18, No. 3, 1993

 

Day, J.A. and Marks, C., "Duty To Warn Of Potential Drug Interactions:  The Pharmacist's Role,"

Trial Diplomacy Journal, Vol. 14, No. 2;

reprinted in Pharmacy Law Annual 1991

 

Day, J.A., "Nursing Home Litigation,"

Trial, April, 1991

 

Day, J.A., Review of "Winning Trial Advocacy: How to Avoid Mistakes Made by Master Trial Lawyers" by Julius B. Levine,

Trial, September, 1990

 

Day, J.A., "Physical and Mental Examinations of Persons,"

Federal Litigation Guide (chapter revision), 1990

 

Day, J.A., "The Role of the Plaintiff's Lawyer,"

Fetal Assessment:  Physiological, Clinical, and Medicolegal Principles, (Boehm, F.A. and Eden, R.D. eds.) (1990)

 

Day, J.A., "Evaluating the Potential Medical Negligence Case,"

Trial Diplomacy Journal, (Vol. 4, No. 12, pp. 225-235 (1989));

reprinted in The Tennessee Trial Lawyer, (Vol. 11, No. 2, pp. 13-19)

 

Day, J.A., "Proof and Argument of Damages for Elderly Personal Injury Victims,"

American Jurisprudence Proof of Facts 3d, 323 (1989)

 

Day, J.A., "Requests for Admissions,"

Federal Litigation Guide (chapter revision), 1989

  

Day, J.A., "Elderly Personal Injury Victims,"

Trial, April, 1988

 

Day, J.A., "The Insurance Crisis:  The Myths and the Facts,"

The Tennessee Trial Lawyer, Spring, 1987;

reprinted in The New Jersey Trial Lawyer, Summer, 1987

 

Day, J.A., "Damages for Fear of Future Surgery,"

The Tennessee Trial Lawyer, Winter, 1986

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