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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

Further, where the fraud was related to the purchase of plaintiff’s home, and the jury awarded plaintiff the amount she paid for the home in compensatory damages, that award was affirmed. On appeal, the verdict for compensatory damages was affirmed, but the punitive award was vacated and remanded for further proceedings.

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Tennessee legislature passes bill criminalizing adults aiding minors in receiving gender-affirming care

JURIST

The Tennessee House of Representatives approved a bill on Thursday that criminalizes adults who knowingly take minors away from Tennessee to help them receive gender-affirming medical procedures without the consent of their parents. Senator Janice Bowling introduced SB 2782 in the Senate.

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Chancery court lacked subject matter jurisdiction over defamation tort claims.

Day on Torts

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. The trial court denied the motion and ultimately found for plaintiff. In Lowery v. Code Ann. §

Tort 59
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Judgment for damages void where defendant was not served with amended omplaint.

Day on Torts

Plaintiff’s initial complaint was filed in May 2009 and sought $1 million in compensatory damages and $1 million in punitive damages. Defendant was never served with this amended complaint, but the trial court entered a final judgment awarding plaintiff $3 million in total damages in August 2017. In Turner v.

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Collateral source rule barred testimony regarding reasonableness of medical bills.

Day on Torts

The trial court did not allow the testimony, finding that “Dr. Stewart’s testimony violated the collateral source rule and that Mr. Chapman’s methodology had not been proven or tested,” and it found in favor of plaintiff and awarded her “compensatory damages and additional damages for her pain and suffering.”

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Mopping up final business with 14 new relists

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.

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Justices add one religious-rights case to docket but turn down another

SCOTUSBlog

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v. In Carson v.