Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. § Code Ann. §

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Statute Cause of Action Diligence Court Rules 59

Day on Torts

NOVEMBER 7, 2022

Plaintiff sent defendant pre-suit notice of his claim on August 28, 2021, then filed this complaint on November 18, 2021, asserting that defendant’s “negligence caused [patient] to develop pressure ulcers, skin impairment, and infection…” Defendant filed a motion to dismiss, arguing that the suit was filed outside the statute of limitations.

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Statute Tort Cause of Action Diligence 59

Day on Torts

AUGUST 9, 2021

July 16, 2021), plaintiff and defendant were brother and sister. The second element required plaintiff to show that she “could not have discovered the cause of action despite exercising reasonable care and diligence.” In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn. internal citation omitted).

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Divorce Cause of Action Statute Diligence 59

Day on Torts

FEBRUARY 18, 2021

9, 2021), plaintiff had spine surgery in July 2016 performed by Dr. McCord at defendant hospital. Saint Thomas Midtown Hospital , No. M2020-00029-COA-R3-CV (Tenn. internal citation omitted). The claim against the hospital defendants, filed more than a year after October 31, 2017, was therefore not timely and dismissal was affirmed.

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LexForti

NOVEMBER 5, 2021

It was observed in the case that purpose of Courts is to determine the parties’ rights, not to condemn them for mistakes in conduct and diligence made while framing the pleading. [5]. The proviso implies that an application seeking amendment to a pleading may not be raised after commencement of a trial unless there is due diligence.

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Diligence Cause of Action Court Litigating 52

Conflict of Laws

SEPTEMBER 24, 2021

i) that he has a cause of action against the defendant which is justiciable in Nigeria: [10] See – Siskina (Owners of Cargo lately laden on borad) v distas Compania S.A The take away of Haladu is that an applicant that wants to obtain a Mareva injunction in Nigeria has to be thorough, hardworking, and diligent in its case.

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Court Cause of Action Litigating Litigation 52

The Fashion Law

DECEMBER 20, 2021

Here is a look at a dozen of the many interesting and notable fashion lawsuits and legal developments that we saw in 2021 …. One of the most interesting lawsuits of 2021 was actually one of the quickest to come off of the docket. The post Fashion Law in 2021: 12 of the Year’s Noteworthy Lawsuits appeared first on The Fashion Law.

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