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In term-opener, justices will hear Mississippi’s complaint that Tennessee is stealing its groundwater

SCOTUSBlog

Tennessee is not only the Supreme Court’s first oral argument of the 2021-22 term, but it is also the first time that states have asked the court to weigh in on how they should share an interstate aquifer. The key legal issue in Mississippi v. Share Mississippi v. Like most original jurisdiction water cases, Mississippi v.

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Statute of limitations extended to two years where defendant was given traffic citation after car accident.

Day on Torts

Where plaintiff’s personal injury claim was based on a Tennessee car accident for which defendant was given a traffic citation for failure to exercise due care under Tenn. 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. Code Ann. § Code Ann. §

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GTLA Attorney’s Fees Provision Permitting Award Against Plaintiff Deemed Constitutional

Day on Torts

Reid had her “execute legal documents while under the influence of medication and falsely led [plaintiff] to believe that she could change her mind,” and that CRMC was vicariously liable for Ms. Reid’s actions. Plaintiff alleged that Ms. The trial court also found alternative grounds for dismissal as to some defendants, including Ms.

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Public Duty Doctrine Applied To Eliminate Claim

Day on Torts

Dyer County Tennessee , No. 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. 16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. internal citation omitted).

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Summary judgment vacated due to insufficient reasoning in trial court order.

Day on Torts

of the Tennessee Rules of Civil Procedure. requires a court granting or denying summary judgment to “state the legal grounds upon which the court denies or grants the motion, which shall be included in the order reflecting the court’s ruling.”

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Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

Day on Torts

Defendant implied in his brief that a check could not be considered “tangible personal property,” but the Court quickly pointed out that “conversion of checks is actionable” in Tennessee, as “checks designate specific amounts of money for use for specific purposes.” internal citations omitted). internal citation omitted).

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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

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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