Day on Torts

AUGUST 13, 2021

The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation. The case is Pryority Partnership v. AMT Properties, LLC , No. 2020-00511-SC-R11-CV. Here is a copy of the court of appeals opinion in the case , decided on March 10, 2021. Continue reading.

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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.

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Personal Injury Tort Cause of Action Litigating 59

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.

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Tort Cause of Action Statute Court 59

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. § Code Ann. §

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Statute Personal Injury Cause of Action Misdemeanor 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.”

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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. In Gordon v. W2023-01012-COA-R3-CV (Tenn.

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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. In Affordable Construction Services, Inc.

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Statute Construction Cause of Action Misdemeanor 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.

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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.

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Tort Cause of Action Court Statute 59

Day on Torts

FEBRUARY 2, 2023

City of Clarksville, Tennessee , No. In Robinson v. M2019-02053-COA-R3-CV (Tenn. 31, 2023), plaintiffs owned a restaurant in defendant City. In 2002, plaintiffs sold a portion of an empty lot next to the restaurant to defendant.

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Tort Contract Cause of Action Construction 59

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.

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Personal Injury Statute Cause of Action Court 52

Day on Torts

MARCH 30, 2021

On appeal, the plaintiff first argued that the civil summons naming defendant should have related back to the date of his first filing under Tennessee Rule of Civil Procedure 15.03. Because of Rule 1, the second civil warrant, therefore, did not relate back to the filing of the first. Code Ann. § Pursuant to Tenn. Code Ann. §

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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. The trial court also found alternative grounds for dismissal as to some defendants, including Ms.

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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 citations and quotations omitted).

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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.

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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).

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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.

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Tort Cause of Action Statute Court 59

Day on Torts

MARCH 29, 2022

of the Tennessee Rules of Civil Procedure. After noting that plaintiffs seemingly abandoned some of their causes of action in their appellate brief, the Court stated that plaintiffs had “preserved their claims regarding both intentional and negligent misrepresentation on appeal.”

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Court Real Estate Cause of Action Contract 59

Day on Torts

FEBRUARY 18, 2021

Where plaintiff knew on October 31, 2017 that her surgeon had wrongly positioned screws during a previous spine surgery, the statute of limitations for her Tennessee HCLA claims against the hospital defendants who allegedly employed the surgeon began to run on that day. Saint Thomas Midtown Hospital , No. M2020-00029-COA-R3-CV (Tenn. “The

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Statute Cause of Action Diligence Court 64

Day on Torts

AUGUST 9, 2021

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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Divorce Cause of Action Statute Diligence 59

Day on Torts

MARCH 10, 2021

Where plaintiff alleged that defendant doctor committed intentional misrepresentation and medical battery by stating that he was board-certified in plastic surgery when he was not, the Tennessee Court of Appeals affirmed the ruling that these claims were not governed by Tennessee’s HCLA. In Cooper v. Mandy , No.

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Government Healthcare Court Cause of Action 59

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.”

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Tort Court Cause of Action Education 52

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.

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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.

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Tort Litigating Litigation Construction 54

JURIST

MARCH 23, 2021

” The legislation also gives students a private cause of action for injunctive relief, damages, or any other relief available against any school which allows a transgender athlete to participate in female sports. South Dakota , Utah , Mississippi and Tennessee state legislatures have advanced similar bills this year.

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Sports Education Cause of Action Legal 151

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. Tennessee , 22 Orig. The solicitor general again recommends the court grant review. Then there is a case on the court’s original docket , Mississippi v. Pivotal Software v.

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Compensatory Damages Government Court Cause of Action 97

Day on Torts

MAY 4, 2022

My newest article, ” A New Arrow in the Quiver to Fight Revenge Porn ,” has been published in the May/June edition of Tennessee Bar Journal.

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Cause of Action Laws 59

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.

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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.

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Tort Litigating Litigation Construction 65

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The federal district court for the Northern District of Alabama dismissed on standing grounds a lawsuit asserting that the Tennessee Valley Authority’s (TVA’s) environmental review for rate changes that affected rates for distributed energy resources such as rooftop solar did not satisfy the requirements of the National Environmental Policy Act.

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Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Tennessee Federal Court Allowed Conservation Groups to Proceed with Challenge to TVA Long-Term Contracts. The federal district court for the Western District of Tennessee denied the Tennessee Valley Authority’s (TVA’s) motion to dismiss a lawsuit challenging long-term contracts for electricity between TVA and local utilities.

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Litigating Litigation Court Laws 40