Remove 2020 Remove Court Rules Remove Statute Remove Tort
article thumbnail

Appeal under Tennessee Public Protection Act ruled untimely.

Day on Torts

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. Plaintiff appealed the TPPA dismissal from that June 24 th order.

Tort 59
article thumbnail

Dismissal partially reversed based on fraudulent concealment.

Day on Torts

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. ,

Tort 59
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Dismissal reversed on claims against church defendants based on alleged cover-up of sexual abuse of minors.

Day on Torts

Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. Woodland Presbyterian , No.

Statute 59
article thumbnail

How To Determine What Cases Are Pending Before the Tennessee Supreme Court

Day on Torts

The Tennessee Supreme Court reviews very few cases in a given year. In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. Because the trial court properly interpreted the statute, we affirm the trial court’s decision.

Court 59
article thumbnail

Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

While defendant urged the Court to “follow the modern trend taken in federal courts, which no longer requires renewal of a motion for directed verdict at the close of all the proof,” the Court declined to change long-standing Tennessee law. Accordingly, the Court ruled that, pursuant to Tenn.

article thumbnail

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. Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. In Kimble v. Dyer County Tennessee , No.

article thumbnail

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

Conflict of Laws

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case. Email: zhengxinh@cupl.edu.cn. Introduction.

Laws 98