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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

31, 2022), patient was hospitalized at defendant hospital from August 7-24, 2020. When patient was discharged on August 24, 2020, he was told to follow up with his primary care physician, but on September 3, patient was taken to a wound treatment center. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn. internal citation omitted).

Statute 59
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Tennessee “Discovery Rule” Applied to Vehicle Crash Case

Day on Torts

8, 2020), the plaintiff’s husband was killed when his vehicle collided with one being driven by a firefighter. Based on the reasoning of Mills , the Court concluded that the plaintiff in this case was sufficiently on notice of her cause of action on the date of the accident to begin the limitations period.

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Public Duty Doctrine Applied To Eliminate Claim

Day on Torts

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn. According to plaintiff, there was a bad storm the night of the accident and a tree had fallen across the state highway plaintiff was traveling on.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

Tort 35
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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, there are still some notable additions that raise more legal frights. There was a failure to monitor employees and safeguard the scene.

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Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

ClimateChange-ClimateLaw

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Background on the claim.

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Presence as a basis for International Jurisdiction of a Foreign Court under Nigerian Private International Law

Conflict of Laws

This basis requires that a significant connection exist between the cause of action and the foreign court. Such a connection could include the fact that the cause of action arose in the jurisdiction of the foreign court, or that jurisdiction was the place in which the contractual obligation was to be performed.

Laws 52