article thumbnail

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
article thumbnail

Supreme Court on Patent Law for October 2022

Patently O

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. 2022) (written description). by Dennis Crouch. American Axle (cert denied).

Court 125
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 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
article thumbnail

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.

article thumbnail

Timeliness in Supreme Court Practice

Patently O

It is not enough to simply assert that the issues at stake are important; even well known counsel must demonstrate that they have been diligent in their efforts to comply with the Court’s procedures. 2022-1482 (Fed. Ironically, the underlying Federal Circuit decision that Purdue sought to challenge, Purdue Pharma L.P.

Court 52
article thumbnail

New U.S Legislation Would Require Forced Labor Audits

Foley Hoag LLP

On February 3, Senators Josh Hawley (R-MO) and Kirsten Gillibrand (D-NY) introduced the Slave-Free Business Certification Act of 2022. It is unclear whether the Slave-Free Business Certification Act of 2022 will become law. Large corporations have refrained from commenting on the proposed legislation. The post New U.S

article thumbnail

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