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Because of Rule 1, the second civil warrant, therefore, did not relate back to the filing of the first. The Court next analyzed the trial court’sruling that the statute of limitations barred the plaintiff’s claim. Code Ann. § Pursuant to Tenn. Code Ann. § Summary judgment for the defendant was therefore affirmed.
Although plagiarism is not a cause of action, copyright infringement is – and that serves as the basis of the lawsuit here. Additionally, the Opinion emphasizes lawyers’ duties under other ethics rules regarding competence, diligence, candor to the tribunal, and avoidance of frivolous filings.
The Court pointed out that even crediting defendant’s assertion that the annuity was meant to be a trust for the mother, to accomplish the purpose of qualifying her for Medicaid she had to be “divested of ownership over the annuity funds,” and plaintiff and defendant as the named owners had equal ownership interest of the annuity.
Plaintiff asserted that she “did not and could not have discovered [she] had separate causes of action against the Hospital Defendants until May 14, 2018—when Dr. Cheng performed surgery and discovered the malpositioned screws in [plaintiff’s] spinal canal, through her ribs, and abutting her aorta.” internal citation omitted).
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