Construction Lawyer Statute 
Day on Torts
MAY 5, 2021
The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. In Affordable Construction Services, Inc. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.
Day on Torts
AUGUST 10, 2022
Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.
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SAV Paralegal Services
JUNE 14, 2021
It is a well-known fact that there are two different sources of employment law: common law and statutes. Sometimes they have identical rules that allow for uniformity in understanding of legal rights, but sometimes they are conflicting and that is what makes trouble for lawyers, judges, and the public in general.
Day on Torts
FEBRUARY 17, 2022
Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. In Kelly v. internal citation omitted). internal citation omitted).
Day on Torts
OCTOBER 11, 2022
Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. The statute at the core of the appeal was Tenn. In Mitchell v. City of Franklin, Tennessee , No. Code Ann. §
Day on Torts
FEBRUARY 16, 2022
The sidewalk was located in a neighborhood constructed by defendant Goodall Homes. Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Code Ann. § This opinion was released 1.5 months after the case was assigned on briefs.
Patently O
DECEMBER 5, 2022
Congress amended the venue statutes so that, in most cases, venue rises and falls with personal jurisdiction. In the late 1800s Congress created a special venue statute for patent cases that has stuck despite changes in the general law. Claim construction is complete and discovery is ongoing. But, patent law is different.
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