Day on Torts

SEPTEMBER 14, 2022

The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. After discovery, DSS filed a motion for summary judgment, which the trial court granted. Plaintiff then amended his complaint to assert claims against DSS as well.

Tort 59

Tort Construction Court Statute 59

Day on Torts

FEBRUARY 14, 2022

56-7-135(a) creates a rebuttable presumption that a person who signs an insurance contract “has read, understands, and accepts the contents of such document,” and plaintiff did not rebut that presumption, the trial court properly granted summary judgment to defendants on plaintiff’s claims for negligence and negligent misrepresentation.

Contract 59

Contract Statute Court Legal 59

Day on Torts

AUGUST 12, 2021

Where defendant doctor was an employee of a governmental entity and plaintiffs failed to name the employer in their HCLA suit, dismissal under the Tennessee GTLA was affirmed. The trial court granted summary judgment to defendant based on the GTLA, and the Court of Appeals affirmed. In Braylon W. Walker , No.

Tort 59

Tort Court Statute Contract 59

Day on Torts

MARCH 12, 2021

The trial judge in this case specifically found defendant to be a credible witness, and the Court ruled that “[g]iving due deference to the trial court’s credibility determination, the record supports the trial court’s conclusion that [plaintiff] failed to prove that [defendant] intentionally misrepresented the amounts owed.”.

Attorney 59

Attorney Court Contract Divorce 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.

Government 59

Government Healthcare Court Cause of Action 59

Patently O

FEBRUARY 22, 2023

That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches. Some, as noted above, have even banned the practice at common law, though state courts have increasingly relaxed those rules in favor of regulation. [23]

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Litigation Litigating Court Finance 126

Day on Torts

MARCH 11, 2022

The issue on appeal was “whether it was permissible for the trial court to look beyond the power of attorney for health care and examine the circumstances surrounding the execution of the document in 2012 in order to determine whether [the brother] was competent at that time.” National Health Corp. , 3d 876 (Tenn. Code Ann. § Code Ann. §

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Attorney Statute Healthcare Court 59

Day on Torts

APRIL 25, 2022

Our General Assembly has made it clear by statute…that healthcare decision-making pursuant to a power-of-attorney in Tennessee requires specific authorization by healthcare power-of-attorney. …In The Court looked to a 2017 Tennessee Supreme Court Case, Beard v. Branson , 528 S.W.3d 3d 487 (Tenn. Branson , 528 S.W.3d

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Attorney Healthcare Court Rules Court 59

SCOTUSBlog

APRIL 18, 2025

This week, we highlight petitions asking the court to consider, among other things, whether to overturn a ruling by the Montana Supreme Court that struck down a state law requiring minors under the age of 18 to get consent from their parents before obtaining an abortion. Slaybaugh v. Wye Oak Technology, Inc.

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Laws Statute Court Litigation 127

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. Tennessee Valley Authority , No. Biden , No.

Litigating 40

Litigating Litigation Court Laws 40

ClimateChange-ClimateLaw

APRIL 29, 2025

For example, the USDA released $20 million in frozen awards made through the conservation programs funded by the IRA, stating that it will honor contracts that were already made directly to farmers. More detail on actions taken under the new administration can be found in the IRA Tracker.

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Litigation Litigating Education Government 59