JURIST

NOVEMBER 3, 2022

Additionally, the Vermont Supreme Court ruled in 1802 that once crossed over into Vermont, a slave contract from another state was unenforceable. Evidence lies in both the constitutional language and judicial precedent. Article 1 of Vermont’s Constitution states “[t]hat all persons are born equally free and independent.”

Drafting 197

Drafting Constitutional Law Contract Court Rules 197

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

APRIL 25, 2022

Plaintiff argued that the arbitration agreement was not enforceable because the POA did not mention the authority to make health care decisions, and the trial court agreed, denying the motion to compel arbitration. On appeal, this ruling was affirmed. The Court looked to a 2017 Tennessee Supreme Court Case, Beard v.

Attorney 59

Attorney Healthcare Court Rules Court 59

Day on Torts

MARCH 12, 2021

Where plaintiff alleged that defendant attorney fraudulently charged a higher hourly rate than what was agreed upon, the trial court should have engaged in a three-factor analysis to determine whether the written fee agreement could be used to defeat the fraud claim. In Vazeen v. M2019-01395-COA-R3-CV (Tenn. internal citation omitted).

Attorney 59

Attorney Court Contract Divorce 59

Day on Torts

MARCH 11, 2022

The trial court ultimately ruled that the brother was incompetent and lacked capacity to sign the power of attorney for health care, that the power of attorney for health care was therefore invalid, and that the arbitration agreement was accordingly unenforceable. In Welch v. National Health Corp. , 3d 876 (Tenn. Code Ann. §

Attorney 59

Attorney Statute Healthcare Court 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. Code Ann. §

Tort 59

Tort Court Statute Contract 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]

Litigation 124

Litigation Litigating Court Finance 124

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.

Litigation 40

Litigation Litigating Court Laws 40