Cause of Action, Litigation and Tennessee

Court unanimously favors Tennessee in groundwater dispute with Mississippi

SCOTUSBlog

NOVEMBER 22, 2021

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.

Court

Court Cause of Action Litigation Litigating

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

SCOTUSBlog

OCTOBER 1, 2021

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.

Cause of Action

Cause of Action Court Legal Legal

Justices throw cold water on Mississippi’s claim to groundwater

SCOTUSBlog

OCTOBER 6, 2021

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

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.

Statute

Statute Attorney Cause of Action Litigation

Public Duty Doctrine Applied To Eliminate Claim

Day on Torts

JANUARY 11, 2021

Dyer County Tennessee , No. The Court of Appeals first analyzed whether a special relationship was created by the deputy’s actions. Anyone litigating a case where the Public Duty Doctrine might be an issue would be wise to read this opinion and be aware of the multiple other cases it cites. In Kimble v.

Cause of Action

Cause of Action Tort Court Statute

Spooky Torts: The 2021 List of Litigation Horrors

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.

Tort

Tort Litigating Litigation Construction

Spooky Torts: The 2022 List of Litigation Horrors

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.

Tort

Tort Litigating Litigation Construction

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

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

Personal Injury

Personal Injury Tort Cause of Action Litigation

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

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.

Tort

Tort Cause of Action Court Statute

Nine new relists as the court approaches the finish line

SCOTUSBlog

JUNE 20, 2024

Court of Appeals for the 11th Circuit held that as a former employee, Stanley lacked a cause of action under the ADA. But its suit named Dewberry Group, not the affiliates, as a defendant, and the parties litigated only the liability of Dewberry Group itself. In Stanley v. rescheduled before the Mar.

Court

Court Laws Government Real Estate

Reckless infliction of emotional distress plaintiffs was not within the reasonably foreseeable scope of the alleged tort.

Day on Torts

APRIL 21, 2022

To prove a case of reckless infliction of emotional distress (RIED), a plaintiff must show three elements: “(1) the conduct complained of must have been reckless; (2) the conduct must have been so outrageous that it is not tolerated by civilized society; and (3) the conduct complained of must have caused serious mental injury to the plaintiff.”

Tort

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Mopping up final business with 14 new relists

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. In government-facing litigation, the government’s petition in Becerra v. We finish with good old private litigation. CVS Pharmacy Inc. Pivotal Software v. Tran , 20-1541.

Compensatory Damages

Compensatory Damages Government Cause of Action Court

Spooky Torts: The 2023 List of Litigation Horrors

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 trial court granted the motion and dismissed the actions against the manufacturers.

Tort

Tort Litigating Litigation Construction

September 2021 Updates to the Climate Case Charts

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. climate litigation charts. Tennessee Federal Court Allowed Conservation Groups to Proceed with Challenge to TVA Long-Term Contracts. and non-U.S. Missouri v.

Litigating

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November 2020 Updates to the Climate Case Charts

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. climate litigation charts. Tennessee Valley Authority , No. HERE ARE RECENT ADDITIONS TO THE INTERNATIONAL CLIMATE LITIGATION CHART. and non-U.S.

Cause of Action

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Paralegal Brief

Court unanimously favors Tennessee in groundwater dispute with Mississippi

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

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Justices throw cold water on Mississippi’s claim to groundwater

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

Public Duty Doctrine Applied To Eliminate Claim

Spooky Torts: The 2021 List of Litigation Horrors

Spooky Torts: The 2022 List of Litigation Horrors

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

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

Nine new relists as the court approaches the finish line

Reckless infliction of emotional distress plaintiffs was not within the reasonably foreseeable scope of the alleged tort.

Mopping up final business with 14 new relists

Spooky Torts: The 2023 List of Litigation Horrors

September 2021 Updates to the Climate Case Charts

November 2020 Updates to the Climate Case Charts

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