Day on Torts

MARCH 29, 2022

Where the trial court did not provide sufficient reasoning for its grant of summary judgment in a misrepresentation case, summary judgment was vacated and the case was remanded to the trial court. Defendants filed a motion for summary judgment, which the trial court granted. of the Tennessee Rules of Civil Procedure.

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Day on Torts

MAY 5, 2021

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. Auto-Owners Insurance Company , No.

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Statute Construction Misdemeanor Cause of Action 59

Day on Torts

MAY 11, 2022

April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. The Court of Appeals began by looking at Tenn. The Court explained that § 29-26-115 requires HCLA plaintiffs to prove certain elements “in terms of the defendant.”

Tort 59

Tort Statute Cause of Action Court 59

Day on Torts

APRIL 15, 2022

A provision of the GTLA allowing for the recovery of attorney’s fees by a governmental employee who was the prevailing party in a GTLA suit was constitutional and did not deprive plaintiff of her right to access the courts. The trial court also found alternative grounds for dismissal as to some defendants, including Ms. In Taylor v.

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Statute Attorney Cause of Action Litigation 59

Day on Torts

FEBRUARY 2, 2023

City of Clarksville, Tennessee , No. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. Based on this language, the trial court ruled that immunity was not removed, but the Court of Appeals disagreed with this analysis. In Robinson v. Continue reading

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Tort Contract Cause of Action Construction 59

Day on Torts

DECEMBER 8, 2022

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. voluntary dismissals in Tennessee. In Adamson v.

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Tort Statute Attorney Court 59

Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. 28-3-104(a(2), which addresses situations where the civil defendant faced criminal charges as a result of a incident giving rise to the cause of action.

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Personal Injury Statute Cause of Action Court 52

Day on Torts

JANUARY 11, 2021

Dyer County Tennessee , No. The trial court granted the motion to dismiss, relying in part on the Public Duty Doctrine, and the Court of Appeals affirmed. The Court of Appeals first analyzed whether a special relationship was created by the deputy’s actions. In Kimble v. W2019-02042-COA-R3-CV (Tenn.

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Cause of Action Tort Court Statute 59

Day on Torts

MARCH 22, 2022

The trial court granted defendant’s motion for summary judgment, finding that plaintiff could not have reasonably relied on defendant’s alleged statement, and the Court of Appeals affirmed. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Contract Tort Real Estate Cause of Action 52

Day on Torts

APRIL 29, 2021

Defendants moved to dismiss, arguing that the HCLA required plaintiff to send a pre-suit notice before this second suit was filed, and the trial court agreed, dismissing the case. This conclusion is most aligned with Tennessee law and public policy. On appeal, dismissal was affirmed. Code Ann. § Internal citations omitted).

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Tort Cause of Action Statute Court 59

Day on Torts

FEBRUARY 18, 2021

Where plaintiff knew on October 31, 2017 that her surgeon had wrongly positioned screws during a previous spine surgery, the statute of limitations for her Tennessee HCLA claims against the hospital defendants who allegedly employed the surgeon began to run on that day. The Court of Appeals agreed with defendants.

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Statute Cause of Action Diligence Court 64

Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. internal citation and quotation omitted). internal citations omitted).

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Divorce Cause of Action Statute Diligence 59

Day on Torts

MARCH 10, 2021

Where plaintiff alleged that defendant doctor committed intentional misrepresentation and medical battery by stating that he was board-certified in plastic surgery when he was not, the Tennessee Court of Appeals affirmed the ruling that these claims were not governed by Tennessee’s HCLA. In Cooper v. Mandy , No.

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Government Healthcare Court Cause of Action 59

Day on Torts

NOVEMBER 7, 2022

Plaintiff sent defendant pre-suit notice of his claim on August 28, 2021, then filed this complaint on November 18, 2021, asserting that defendant’s “negligence caused [patient] to develop pressure ulcers, skin impairment, and infection…” Defendant filed a motion to dismiss, arguing that the suit was filed outside the statute of limitations.

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JURIST

APRIL 19, 2023

The case is in the US District Court for the Western District of Tennessee Western Division. ” The complaint sets forth 25 causes of action, which include Failure to Train, Failure to Supervise, Fourth Amendment violations, Negligent Infliction of Emotional Distress and Fraudulent Misrepresentation.

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Cause of Action Attorney Legal Legal 210

Day on Torts

DECEMBER 30, 2020

One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident. The Court of Appeals affirmed this ruling. Booth , 344 S.W.3d

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Cause of Action Statute Tort Court 64

Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v. 29-20-205[.]”

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Tort Cause of Action Statute Court 59

SCOTUSBlog

JUNE 20, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. With just a few weeks left before the Supreme Court’s summer recess, and with only the October and November argument sittings filled, the court has switched into high gear. Court of Appeals for the D.C.

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Court Laws Government Real Estate 116

Day on Torts

DECEMBER 20, 2021

After decedent’s death, plaintiffs filed this suit in Tennessee, attempting to have the remaining settlement proceeds distributed as wrongful death proceeds rather than having them distributed under decedent’s will. The Court explained: Here, Decedent brought suit in West Virginia for personal injury and loss of consortium.

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Personal Injury Tort Cause of Action Litigating 59

Day on Torts

MARCH 30, 2021

Plaintiff filed a civil action in general sessions court against the driver on March 3, 2017, but the driver had died on December 7, 2016. Plaintiff filed a “re-issued” civil summons in the sessions court on January 31, 2018, which was served on the defendant as the personal representative.

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Statute Cause of Action Diligence Court Rules 59

Day on Torts

MAY 3, 2022

Perry County, Tennessee , No. After the shooting, plaintiff filed this suit against defendant Perry County claiming that “the deputy sheriff’s failure to investigate the death threats and arrest [husband] was the proximate cause of her injuries.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

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Tort Cause of Action Court Statute 59

Day on Torts

APRIL 21, 2022

Defendant had filed a motion to dismiss, which the trial court denied, ruling that plaintiff had satisfied the elements of that claim. On appeal, the Court of Appeals ruled that dismissal should have been granted. internal citation omitted). internal citations and quotations omitted). internal citation omitted).

Tort 52

Tort Court Cause of Action Education 52

JonathanTurley

OCTOBER 31, 2021

A tort action for intentional infliction of emotional distress is likely to fail. There must be not just outrageous conduct but conduct intended to cause severe emotional distress. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. Again, the court agreed.

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Tort Litigation Litigating Construction 48

JonathanTurley

OCTOBER 30, 2022

A tort action for intentional infliction of emotional distress is likely to fail. There must be not just outrageous conduct but conduct intended to cause severe emotional distress. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. Again, the court agreed.

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Tort Litigation Litigating Construction 46

SCOTUSBlog

JULY 1, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.

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Compensatory Damages Government Cause of Action Court 101

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.

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Litigation Litigating Court Laws 40

JonathanTurley

OCTOBER 30, 2023

On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 sent to Six Flags’ Fright Fest with her cousin. A tort action for intentional infliction of emotional distress is likely to fail.

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Tort Litigation Litigating Construction 58

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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Cause of Action Court Government Litigation 96