Learned Hand, Learned Fools & Baby Jessica

In this episode of Clearly Legal, hosts Sean Martin and Joel Serber sit down on location with trial attorney Julie Peake in Franklin, Tennessee. The trio breaks down foundational legal concepts through practical, real-world examples. They utilize the historic 1987 "Baby Jessica" well-rescue incident to analyze premises liability, the Learned Hand formula, and the notice requirements for dangerous property conditions under Tennessee law. The conversation also explores the "Rule of Sevens" regarding child negligence, the tricky interplay between the 1-year personal injury statute of limitations and the 4-year construction statute of repose, and how a civil jury can draw a "negative inference" when a defendant pleads the Fifth Amendment. Finally, the group shares critical litigation practice tips, warning attorneys about clandestine conference room recordings, the importance of establishing an expectation of privacy to protect attorney-client privilege, and strategic methods for pinning down and impeaching witnesses who change their stories.If you're listening here for CLE credit, be sure to head over to CLEarly.Legal.That’s the only place where your time gets tracked and your hours are reported automatically.Be sure to subscribe so you know when new episodes drop.