Don’t Give a Hoot: Expert Witness Qualifications
Both parties produce plastic sculptures of owls that are often used to rid buildings or portions of property of the nuisance of the wildlife by frightening the wildlife, such as birds and rodents. The parties also assert that their owls are used extensively for indoor and outdoor decoration and for events like Halloween.
By An Interactive Website Can Constitute Purposeful Availment for Purposes of Specific Jurisdiction
A recent case points out that, while the internet may be shrinking the world, in doing so it is broadening concepts related to jurisdiction. Braille, LLC (”Braille”) is a limited liability company formed in Florida that sells batteries for automotive use. Braille has no physical presence in the State of Tennessee in the way of office space or other place of business. The company is physically located in Sarasota, Florida. Braille does not have dealers or authorized distributors in Tennessee that maintain an inventory of Braille products.
When Is a Guaranty Limited and When Is It Unconditional?
Guaranties generally come in two flavors: limited and unconditional. At the outset of a loan, one of the topics for negotiation is the guaranty. First, will there be a guaranty? Second, if there is a guaranty, will it be unconditional and unlimited or will it be limited in some way? A recent case reminds us that even if a guaranty does not have a specific dollar amount as a limiting factor, it may not necessarily be interpreted as unlimited and unconditional.
Assault, Battery, Intentional Infliction of Emotional Distress, and Kobe Bryant (Memphis Style)
Bill Geeslin and his wife won courtside tickets to a Grizzlies-Lakers game from a Tunica casino. At the time they must have thought they hit a small jack-pot. As events turned out, they would have been better off going to the buffet instead. During the game, a Lakers player recovered a loose ball and attempted to throw the ball to Kobe Bryant for a fast break lay-up, but the ball went out of bounds and Bryant’s momentum carried him into contact with Mr. Geeslin. Mr. Geeslin’s contact with NBA fame was not pleasant. Bryant acknowledged that he pushed his forearm into Mr. Geeslin’s chest to get up and back into the game. Mr. Geeslin, however, contended that Bryant did not simply use his forearm to get up and leave, but rather intentionally “forearmed” him. He also claimed that Bryant then glared at him, did not apologize, and walked away. Mr. Geeslin was diagnosed with a bruised lung cavity.
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