Day on Torts

SEPTEMBER 14, 2022

M2021-00867-COA-R3-CV, 2022 WL 4112706 (Tenn. 9, 2022), plaintiff was a roofer who was injured while working on a homeowner’s roof. After discovery, DSS filed a motion for summary judgment, which the trial court granted. In a brief analysis, the Court of Appeals first considered plaintiff’s premises liability theory.

Tort 59

Tort Construction Court Statute 59

Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

Tort 59

Tort Depositions Depose Court 59

Patently O

FEBRUARY 22, 2023

ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5] Patent assertion finance today is a multibillion-dollar business. [2]

Litigating 126

Litigating Litigation Court Finance 126

Day on Torts

MAY 11, 2022

E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. The Court continued its analysis by pointing out that one of its prior decisions supported dismissal in this case.

Tort 59

Tort Statute Cause of Action Court 59

Day on Torts

FEBRUARY 24, 2022

W2020-00430-COA-R3-CV, 2022 WL 353697 (Tenn. 7, 2022), plaintiff was in a car accident caused by an employee of defendant, and defendant had admitted fault. The Court ruled that this was sufficient material evidence from which the jury could find a permanent injury in this case. In Malone v. ASF Intermodal LLC , No.

Tort 59

Tort Personal Injury Court Rules Court 59

Day on Torts

OCTOBER 3, 2022

M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 28, 2022), plaintiff was a real estate professional involved in some capacity with Durham Farms, which was a large residential community. Note: Chapter 28, Sections 12 and 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

MAY 3, 2022

M2020-01448-COA-R3-CV, 2022 WL 1210462 (Tenn. April 25, 2022), plaintiff was shot multiple times by her estranged husband in August 2018. Considering the facts of this case, the Court ruled that “the complaint alleged sufficient operational acts or omissions to survive the motion to dismiss.” In Haynes v.

Tort 59

Tort Cause of Action Court Statute 59

Day on Torts

DECEMBER 5, 2022

M2021-01335-COA-R3-CV, 2022 WL 17175608 (Tenn. 23, 2022), the issues revolved around plaintiff’s purchase of a home. Accordingly, the Court ruled that, pursuant to Tenn. Based on these facts, the Court ruled that there was material evidence supporting the jury’s finding that plaintiff acted with due diligence.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

JUNE 20, 2022

Further, dismissal of plaintiffs’ claim for negligent infliction of emotional distress based on the entities disclosing plaintiffs’ names to the media was also reversed, as the Court concluded that defendants did have a duty to plaintiffs and the act of releasing plaintiffs’ names was sufficiently outrageous to sustain the tort claim.

Statute 59

Statute Tort Court Rules Court 59

Day on Torts

SEPTEMBER 9, 2022

E2021-01085-COA-R3-CV, 2022 WL 3589838 (Tenn. 23, 2022), several insurance companies filed suit against the City of Sevierville, Sevier County Electric System (SCES), and Wolf Tree, who was SCES’s vegetation management contractor (the cases filed by the insurance companies were consolidated). Sevier County Electric System , No.

Contract 52

Contract Tort Court Rules Statute 52

Day on Torts

FEBRUARY 8, 2022

M2019-01748-SC-R11-CV, 2022 WL 175804 (Tenn. 20, 2022), plaintiff met with defendant doctor to discuss a breast reduction surgery, and defendant stated that “he was a board-certified plastic surgeon.” Because of this, the Court held that the HCLA applied “regardless of the theories of liability.”. In Cooper v. Mandy , No.

Tort 59

Tort Court Statute Court Rules 59

Day on Torts

MAY 31, 2022

M2021-00314-COA-R3-CV, 2022 WL 1633552 (Tenn. May 24, 2022) , plaintiff suffered antibiotic tendonitis, a traumatic rupture to a tendon in her ankle, and chronic tendonitis after being prescribed medication for a cough that had an adverse reaction with the steroids she had been taking for years. In Breithaupt v.

Tort 59

Tort Statute Court Construction 59

Day on Torts

OCTOBER 24, 2022

E2021-01402-COA-R3-CV, 2022 WL 11584155 (Tenn. 20, 2022), plaintiff filed this HCLA suit on behalf of her son. Plaintiff argued that Erlanger’s payments to UT were essentially funneled to defendant, but the Court rejected this argument. In Parker ex rel. Dassow , No. Click on the link to see the book’s Table of Contents.

Tort 45

Tort Contract Court Statute 45

Day on Torts

JANUARY 15, 2022

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. These are the cases where the Court has the discretion whether to hear the case or allow the lower court ruling to stand. Seven of the civil cases are tort cases.

Court 59

Court Tort Statute Lawyer 59

Day on Torts

MARCH 28, 2022

W2020-01201-COA-R3-CV, 2022 WL 852904 (Tenn. 23, 2022), plaintiff and his wife lived in the Rivertrail neighborhood and were members of the defendant homeowner’s association (HOA). The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 In Walker v.

Tort 45

Tort Construction Court Rules Court 45

Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn.

Tort 59

Tort Statute Attorney Court 59

Day on Torts

FEBRUARY 7, 2022

M2020-01063-COA-R3-CV, 2022 WL 150854 (Tenn. 18, 2022), plaintiff was driving his vehicle with his wife in the passenger seat. Based on the pleadings in this case and this comment, the Court ruled that “under the particular circumstances of this case and in light of the plain language of Rule 41.02(2), In Cryer v.

Tort 52

Tort Court Statute Laws 52

At the Lectern

JUNE 13, 2024

Two included separate explanatory statements: Three votes for review, and a dissenting statement, in juvenile coerced plea case Two votes for review, and a dissenting statement, in youth-offender LWOP no-parole case A third case concerned domestic violence torts. The court granted review in Hohenshelt v. 2022) 81 Cal.App.5th

Court 49

Court Tort Drafting Court Rules 49

Paralegal Bootcamp

JANUARY 4, 2024

All of the work that a litigation paralegal does is usually tied to a deadline set by the court rules or the judge. According to the Bureau of Labor Statistics , the 2022 median salary for a paralegal was $59,200. Ability to Work Well Under Pressure Litigation paralegals must have good time management skills.

Paralegals 130

Paralegals Paralegal Litigating Litigation 130

ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B The next hearing is scheduled for June 21, 2022 ( A Sud et al. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. In Neubauer, et al.

Litigating 100

Litigating Litigation Government Legal 100

Conflict of Laws

JUNE 29, 2023

More importantly, the court considered the requirement of a “real connecting link” in the context of Art. The court ruled that in unfair competition law disputes of contractual nature the establishment of such a link must be based on the content of the measure sought, not merely its effects. 35 of the Brussels Ibis Regulation.

Tort 52

Tort Court Procedural Law Laws 52

Conflict of Laws

DECEMBER 13, 2022

On 9 November 2022 the District Court Amsterdam accepted international jurisdiction in an interim judgment in a collective action brought against TikTok (DC Amsterdam, 9 November 2022, ECLI:NL:RBAMS:2022:6488 ; in Dutch ). Introduction. The claims against non-EU based TikTok entities.

Court 40

Court Finance Technology Contract 40

Conflict of Laws

AUGUST 3, 2023

The EU Commission published a long awaited Proposal for a Directive on Corporate Sustainability Due Diligence (CSDDD), COM(2022) 71 final, on 23 February 2022; the EU Council adopted its negotiation position on 1 December 2022; and now, the EU Parliament has suggested amendments to this Draft Directive on 1 June 2023.

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

SEPTEMBER 14, 2023

Supreme Court has held that issuing foreign government bonds is a commercial activity, even if done for a sovereign purpose. It is unclear if Chinese courts applying the FSIL will reach the same conclusion. to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.”

Drafting 49

Drafting Court Laws Tort 49

SCOTUSBlog

JUNE 16, 2022

Court of Appeals for the 9th Circuit rejected Monsanto’s argument that it could not have violated California’s duty to warn because the Environmental Protection Agency had concluded under the labeling provisions of the Federal Insecticide, Fungicide and Rodenticide Act that the herbicide did not pose “any unreasonable risk to man or the environment.”

Government 108

Government Education Court Cause of Action 108

SCOTUSBlog

MAY 2, 2022

Share The Supreme Court on Monday added three new merits cases to its docket for the 2022-23 term. Last month, the Supreme Court ruled in City of Austin v. On a list of orders from the justices’ private conference last week, the justices also called for the views of the U.S.

Tort 100

Tort Court Government Court Rules 100

SCOTUSBlog

JANUARY 16, 2025

But in response to legal challenges, Congress amended the law in 2022 to give the FTC the power to make changes to the authoritys rules. A group of states brought suit in a federal district court in Kentucky, challenging the constitutionality of the HISA and its funding mechanism. Relisted after the Jan. 10 conference.)

Tort 110

Tort Statute Court Laws 110

JonathanTurley

MARCH 5, 2023

” When she was appointed the executive director of the Disinformation Governance Board in April 2022, she was tasked with combating “disinformation” on subjects ranging from the U.S. The Court was seeking to protect the media from efforts to deter coverage and commentary through the threat of civil lawsuits.

Tort 55

Tort Government Real Estate Legal 55

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The court, which did not address the plaintiffs’ arguments regarding alleged inadequacies in the climate change-related analyses, found that the plaintiffs failed to demonstrate a likelihood of success on the merits or that they would suffer irreparable harm. Ministry of Economic Affairs (Taipei Administrative Court).

Court Reporting 45

Court Reporting Construction Court Government 45