Cause of Action Statute Tennessee 
Day on Torts
NOVEMBER 2, 2024
Where plaintiff was injured by a dangerous condition on state property created by the gross negligence of a state employee, the Claims Commission Act did not provide a cause of action. State of Tennessee , No. The State filed a motion to alter or amend, arguing that the Recreational Use Statute provided immunity here.
Day on Torts
FEBRUARY 8, 2021
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. §
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Day on Torts
MAY 5, 2021
The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. Auto-Owners Insurance Company , No.
Day on Torts
MAY 23, 2023
Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. 28-3-104(a(2), which addresses situations where the civil defendant faced criminal charges as a result of a incident giving rise to the cause of action.
Day on Torts
FEBRUARY 18, 2021
HCLA statute of limitations for claim against doctor and hospital began to run on same date. Defendants moved to dismiss the case based on the statute of limitations, arguing that the one-year limitations period for this HCLA claim began to run on October 31, 2017 when plaintiff learned that the screws had been inserted incorrectly.
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.”
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. §
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