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TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.

Day on Torts

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. In Adamson v. Grove , No.

Tort 59
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Wrong defendants in certificate of good faith caption should have resulted in dismissal.

Day on Torts

The Court explained: Claimant’s complaint filed in the Claims Commission is a separate and independent action from the complaint against the other parties filed in circuit court. Note: Chapter 46, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59
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No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.

Day on Torts

Plaintiff’s husband signed the indemnity agreement without reading it or having an attorney review it. Justifiable reliance is an essential component of a cause of action for negligent misrepresentation, and until the justifiable reliance element is established, there is no negligent misrepresentation.”

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Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

Day on Torts

In general, when the property converted is a negotiable instrument, the damage is done, and the tort is complete when the instrument is negotiated, regardless of the plaintiff’s ignorance of the conversion.” Conversion of a negotiable instrument is subject to a three-year statute of limitations pursuant to Tenn. Code Ann. § 47-3-118(g). “In

Divorce 59
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Presence as a basis for International Jurisdiction of a Foreign Court under Nigerian Private International Law

Conflict of Laws

Written by Richard Mike Mlambe, Attorney and Lecturer at University of Malawi- The Polytechnic. This basis requires that a significant connection exist between the cause of action and the foreign court. This is the third online symposium on Private International Law in Nigeria initially announced on this blog.

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Missouri man appeals death sentence after attorneys failed to press jury foreman’s bias

SCOTUSBlog

The night after the jurys verdict, Shockleys attorney learned that the jury foreman had written a fictionalized autobiography in which he, as the main character, murdered the drunk driver who had killed his wife to get revenge after the driver only received probation. Shockley was convicted and sentenced to death.

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Opioid maker Purdue’s bankruptcy case comes before Supreme Court

SCOTUSBlog

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system.

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