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. One of those three exceptions arises when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct.” In Lawson v. Hawkins County, TN , No. E2020-01529-COA-R3-CV (Tenn.

Tort 59

Tort Cause of Action Statute Court 59

SCOTUSBlog

JUNE 9, 2023

2 On Your Tennessee Carpet” replaces “Old No. 7 Tennessee Sour Mash Whiskey.” Second, the central purpose of the cause of action for trademark infringement in the federal Lanham Act is confusion, specifically, confusion “about the source of a product or service.”

Manufacturing 117

Manufacturing Statute Cause of Action Court 117

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.

Personal Injury 59

Personal Injury Tort Cause of Action Litigating 59

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. §

Statute 59

Statute Cause of Action Diligence Court Rules 59

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. Plaintiff argued that the statute did not apply to Ms. Reid and CRMC. Code Ann. §

Statute 59

Statute Attorney Cause of Action Litigation 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 citation omitted). Rule 41.01

Tort 59

Tort Statute Attorney Court 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. Note: Chapter 46, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Gilbert v. State , No.

Tort 59

Tort Statute Cause of Action Court 59

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 59

Tort Cause of Action Court Statute 59

Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

Divorce 59

Divorce Cause of Action Statute Diligence 59

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.

Contract 52

Contract Tort Real Estate Cause of Action 52

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. 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).

Cause of Action 59

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.

Tort 59

Tort Cause of Action Statute Court 59

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. 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. If they are found 51 percent at fault, they are barred entirely from recovery.

Tort 50

Tort Litigation Litigating Construction 50

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. 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. If they are found 51 percent at fault, they are barred entirely from recovery.

Tort 48

Tort Litigation Litigating Construction 48

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. Tennessee , 22 Orig. Tennessee , 22 Orig. Tennessee , 22 Orig.

Compensatory Damages 101

Compensatory Damages Government Court Cause of Action 101

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. She claims that the retirement benefits for disabled retirees explicitly treats them worse than others. In Stanley v. rescheduled before the Mar. rescheduled before the Mar. Kentucky ex rel.

Court 121

Court Laws Government Real Estate 121

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. 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. or houses near him.

Tort 59

Tort Litigation Litigating Construction 59

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Tennessee Valley Authority , No. Missouri v.

Litigation 40

Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Tennessee Valley Authority , No. Center for Biological Diversity v. 3:18-cv-01446 (N.D.

Cause of Action 96

Cause of Action Court Government Litigation 96