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Court unanimously favors Tennessee in groundwater dispute with Mississippi

SCOTUSBlog

Share Confirming expectations, the Supreme Court on Monday unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater. Georgia , the complaining state has a heavy burden of demonstrating that the other state’s water use is causing the complaining state significant injury.

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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. Tennessee , therefore, is whether the equitable apportionment doctrine (automatically) applies to groundwater resources.

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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

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. Decedent himself ultimately accepted a settlement in lieu of further litigation. In Welch v. Welch , No.

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Justices throw cold water on Mississippi’s claim to groundwater

SCOTUSBlog

Tennessee , dealt with Mississippi’s claim that Memphis, Tennessee, is stealing Mississippi’s groundwater. Arguing for Mississippi, Mississippi Deputy Solicitor General John Coghlan repeatedly emphasized the extraterritorial effect of Memphis’ pumping from an aquifer that straddles the Mississippi-Tennessee border.

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

Day on Torts

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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County not immune from suit where sheriff’s deputy failed to investigate death threats.

Day on Torts

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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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

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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