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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn.

Statute 59
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Dismissal partially reversed based on fraudulent concealment.

Day on Torts

M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. In Simpkins v. John Maher Builders, Inc. , Code Ann. § 28-3-105.) On appeal, dismissal was partially reversed.

Tort 59
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Caddo v. Siemens: Microsoft Settlement Covers Downstream Use and No Jurisdiction Over Foreign Parent

Patently O

2022-1623, -1624 (Fed. This underscores the importance of the non-movant diligently citing its best evidence of disputed facts when opposing summary judgment. I’ll note here that this outcome is in direct conflict with a 2022 jury verdict in Caddo v. Siemens Industry, Inc. Siemens Aktiengesellschaft (AG) , Nos.

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The ICJ’s Advisory Opinion on Climate Change: What Happens Now?

ClimateChange-ClimateLaw

Vanuatu published the first draft of the resolution in late 2022. The question put to the ICJ must be a legal question within the meaning of the Statute of the Court and the UN Charter as opposed to a political question. The UNGA adopted resolution (A/77/L.58) 58) by consensus. The initiative gained traction.

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Summary judgment vacated where trial court order failed to give reasons for decision

Day on Torts

W2020-01305-COA-R3-CV, 2022 WL 95167 (Tenn. 10, 2022), plaintiff had been treated by defendant doctor for cancer (defendant’s employer was also a defendant). Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Gibson , No.

Statute 59
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New issue alert: RabelsZ 87 (2023), Issue 3

Conflict of Laws

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism.

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Tennessee Legal Malpractice Claim Filed Too Late

Day on Torts

M2020-01438-COA-R3-CV, 2022 WL 168145 (Tenn. 19, 2022), plaintiff county filed this legal malpractice suit against defendant attorney who had represented the county in an underlying action filed by a former county employee. In Coffee County v. Spining , No. On appeal, dismissal was affirmed. internal citation omitted).

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