Remove Cause of Action Remove Court Remove Misdemeanor
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Statute of limitations extended to two years where defendant was given traffic citation after car accident.

Day on Torts

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed. Code Ann. §

Statute 59
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Insurance statute did not create private right of action for general contractor

Day on Torts

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc.

Statute 59
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US Second Circuit remits an equality law exemption application to district court

JURIST

The US Court of Appeals for the Second Circuit decided Friday that Emilee Carpenter, a religious wedding photographer seeking an exemption to the New York Human Rights Law under the First Amendment, had enough factual basis for a claim and could proceed to the district court.

Laws 118
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TURKEY TORTS (2020)

JonathanTurley

faces a misdemeanor simple assault charge for allegedly intentionally blowing on people. We have yet to see a filing over the emotional distress caused by this year’s microwave Turkey prank where college kids are texting their parents to ask how long to cook their turkeys in the microwave. Rather it was the guy in the golf cart.

Tort 40