Linda L. Holmes, lawyers in Memphis, TN, Tennessee

Liability of an Airline Passenger for Providing Medical Assistance to Another Passenger

Generally, an airline passenger is not legally liable for the consequences of providing medical assistance to another passenger. The federal Aviation Medical Assistance Act of 1998 provides that a person is not liable for providing or attempting to provide assistance in the case of an in-flight medical emergency, unless the person, while rendering such assistance, is guilty of gross negligence or willful misconduct. More...

Opinion and Other Defenses to Defamation

Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses some of the standard defenses to defamation, including the defense of opinion.More...

Tort Action for Causing a Minor Child to Leave Home

Under the common law, a person who compels or induces a minor child to leave his or her home or to not return to his or her home is liable to the parent of the minor child for damages. The parent who is legally entitled to custody of the minor child is entitled to file an action against the person. More...

False Imprisonment

Have you ever been detained for questioning at a department store because an item in your shopping bag set off an alarm at the exit? If so, you may have considered suing the store for false imprisonment. In most cases, however, you would lose.More...

The Eggshell Skull Rule

Suppose that a mugger approaches a jogger on a street, hoping to steal the jogger's wallet. In order to disable the jogger, the mugger strikes him on the head. Unbeknownst to the mugger, the jogger suffers from a rare medical condition that has made his skull as thin and fragile as an eggshell. Therefore, the mugger's assault kills the jogger. Under the "Eggshell Skull Rule," the mugger is liable for the death of the jogger, even though the jogger's death was unintended and unexpected.More...