Cause of Action Construction Statute 
Day on Torts
MAY 5, 2021
The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. In Affordable Construction Services, Inc. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.
At the Lectern
JULY 6, 2023
Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.
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NewmanFerraraLLP
MARCH 24, 2023
TOWN LAW DIDN’T PERMIT A LATE FILING After a construction company wasn’t paid for highway repair work it performed for the T own of Pendleton , a lawsuit was filed alleging “breach of contract, unjust enrichment and quantum meruit.” ” And unlike other comparable laws, this statute did not permit a late filing.
At the Lectern
JULY 30, 2021
Joseph Health System , the Supreme Court today holds that the anti-SLAPP statute , which allows for an early screening of claims that could chill constitutionally protected free speech or petition rights, can be used to review some, but not all, causes of action relating to mandatory hospital medical staff peer review proceedings.
Day on Torts
AUGUST 9, 2021
Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.
SCOTUSBlog
JANUARY 8, 2024
The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Tori Madden) The question before the justices on Jan.
At the Lectern
JUNE 24, 2021
Ari Design & Construction, Inc. , It also held, however, that the defendant-contractor’s surety was responsible for paying the award even though it exceeded the amount of the surety’s construction bond. See here and here.). The court denied review in Karton v. but Justice Carol Corrigan recorded a vote to grant.
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