Day on Torts

JANUARY 11, 2021

Dyer County Tennessee , No. 16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. 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. internal citation omitted).

Cause of Action 59

Cause of Action Tort Court Statute 59

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). Code Ann. § 47-3-118(g). “In

Divorce 59

Divorce Cause of Action Statute Diligence 59

Day on Torts

NOVEMBER 7, 2022

Here, the issue was whether the pre-suit notice letter was sent by plaintiff “more than one year after the cause of action accrued and the one-year statute of limitations period began to run.”. Note: Chapter 50, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Statute 59

Statute Tort Cause of Action Diligence 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.

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

DECEMBER 30, 2020

One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident. Defendants moved to dismiss based on the statute of limitations.

Cause of Action 64

Cause of Action Statute Tort Court 64

JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. Well, give it enough time and someone will prove you wrong.

Tort 49

Tort Litigation Litigating Construction 49

JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

Tort 47

Tort Litigation Litigating Construction 47

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 Litigation 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.”

Tort 52

Tort Court Cause of Action Education 52

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

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

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. CVS Pharmacy Inc.

Compensatory Damages 99

Compensatory Damages Government Cause of Action Court 99

JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

Tort 58

Tort Litigation Litigating Construction 58

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.

Cause of Action 96

Cause of Action Court Government Litigation 96