Day on Torts

APRIL 15, 2022

After all defendants filed motions to dismiss, the trial court entered an order dismissing all claims, finding that all the claims were based on the premise that the adoption process was illegal under Tennessee law, but that it was not. The trial court also found alternative grounds for dismissal as to some defendants, including Ms.

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Statute Attorney Cause of Action Litigating 59

Day on Torts

DECEMBER 8, 2022

More than two weeks after the order of dismissal was entered, defendants filed a “combined motion to alter or amend and petition to dismiss with prejudice pursuant to the Tennessee Public Participation Act” (TPPA). voluntary dismissals in Tennessee. internal citation omitted). internal citations and quotations omitted).

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Day on Torts

MARCH 22, 2022

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.” 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

JANUARY 11, 2021

Dyer County Tennessee , No. Making all reasonable inferences in plaintiff’s favor here, the Court of Appeals found that the deputy’s actions could be considered operational and that immunity was thus removed under the GTLA, unless a defense applied. In Kimble v. W2019-02042-COA-R3-CV (Tenn. internal citation omitted).

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Cause of Action Tort Court Statute 59

Day on Torts

APRIL 29, 2021

The Tennessee Supreme Court has interpreted this requirement to mean that a plaintiff must “provide pre-suit notice to prospective health care defendants each time a complaint is filed.” This conclusion is most aligned with Tennessee law and public policy. Here, [defendants] received the Notice on April 25, 2019.

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Day on Torts

MARCH 29, 2022

of the Tennessee Rules of Civil Procedure. After noting that plaintiffs seemingly abandoned some of their causes of action in their appellate brief, the Court stated that plaintiffs had “preserved their claims regarding both intentional and negligent misrepresentation on appeal.” Accordingly, summary judgment was vacated.

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Day on Torts

NOVEMBER 7, 2022

Here, the issue was whether the pre-suit notice letter was sent by plaintiff “more than one year after the cause of action accrued and the one-year statute of limitations period began to run.”. Note: Chapter 50, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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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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Day on Torts

DECEMBER 30, 2020

Based on the reasoning of Mills , the Court concluded that the plaintiff in this case was sufficiently on notice of her cause of action on the date of the accident to begin the limitations period. internal citation omitted).

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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. Note: Chapter 108, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Personal Injury Tort Cause of Action Litigating 59

Day on Torts

MAY 4, 2022

My newest article, ” A New Arrow in the Quiver to Fight Revenge Porn ,” has been published in the May/June edition of Tennessee Bar Journal.

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Day on Torts

MAY 3, 2022

Perry County, Tennessee , No. The Tennessee Supreme Court “has adopted a planning-operational test to determine whether a decision is discretionary within the meaning of the GTLA,” explaining that “planning or policy-making decisions are immune from liability” while “operational decisions do not enjoy the same protection.” In Haynes v.

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Tort Cause of Action Court Statute 59

SCOTUSBlog

JUNE 20, 2024

In the wake of the heavy use of reservists during the wars in Afghanistan, Iraq, and related military actions, Congress enacted a “differential pay bill” which sought to ensure that reservists whose military pay was less than their civilian pay continued earning at the higher civilian level during deployment. Court of Appeals for the D.C.

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JonathanTurley

OCTOBER 31, 2021

People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. As discussed earlier , In Franklin County, Tennessee, children may want to avoid the house of Dale Bryant Farris, 65, this Halloween.

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Tort Litigation Litigating Construction 50

JonathanTurley

OCTOBER 30, 2022

People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. As discussed earlier , In Franklin County, Tennessee, children may want to avoid the house of Dale Bryant Farris, 65, this Halloween.

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Tort Litigation Litigating Construction 48

SCOTUSBlog

JULY 1, 2021

Tennessee , 22 Orig. 143 , involving a long-running dispute between those two states (and Memphis, Tennessee) over the apportionment of groundwater. Tennessee , 22 Orig. The solicitor general again recommends the court grant review. Then there is a case on the court’s original docket , Mississippi v. Pivotal Software v.

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Compensatory Damages Government Cause of Action Court 98

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. Tennessee Valley Authority , No. and non-U.S.

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JonathanTurley

OCTOBER 30, 2023

People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. Griffin voluntarily paid money to experience it.” _ In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. The question is whether consent vitiates any extreme frights or contacts.

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Tort Litigation Litigating Construction 59

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The Ninth Circuit also found that modification of the injunction due to EPA’s rulemaking action did not threaten separation of powers. Portland, Oregon.

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Cause of Action Court Government Litigating 96