Day on Torts

OCTOBER 3, 2022

Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). In Charles v. McQueen , No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. citing Tenn. Code Ann. §

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Prima Facie Case Tort Real Estate Statute 59

SCOTUSBlog

JUNE 10, 2021

Borden argued that the enhancement did not apply because one of the three prior offenses that the government relied on was a conviction under Tennessee law for reckless aggravated assault. That crime, as its name suggests, can result from reckless conduct – a less culpable legal standard than purposefully or knowingly causing injury.

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Felony Court Statute Government 120

Day on Torts

JULY 23, 2021

After a motion by the insurance company, the trial court bifurcated the trial, hearing evidence concerning only the coverage issue first and then addressing liability if needed. Based on the evidence, the trial court ruled that the accident was not covered, and the Court of Appeals affirmed.

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Depositions Court Contract Court Rules 59

Day on Torts

DECEMBER 5, 2022

Defendant raised several issues on appeal, the first being his assertion that “the evidence [was] not legally sufficient to support a finding that [plaintiff] acted with ‘due diligence’ and, therefore, her claim for intentional misrepresentation and fraud ‘should have failed.’” Accordingly, the Court ruled that, pursuant to Tenn.

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Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

FEBRUARY 8, 2021

Where plaintiff’s personal injury claim was based on a Tennessee car accident for which defendant was given a traffic citation for failure to exercise due care under Tenn. A state trooper issued defendant a traffic citation listing three violations, including “failure to exercise due care, pursuant to Tennessee Code Annotated § 55-8-136.”

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Statute Personal Injury Cause of Action Misdemeanor 59

SCOTUSBlog

MAY 18, 2021

In an opinion released on the 2021 deadline for Americans to file their federal income taxes, the court ruled 9-0 that the AIA does not bar CIC’s pre-enforcement lawsuit challenging the IRS notice. Justice Elena Kagan wrote the opinion for the court. Rather, it is a suit to contest the legality of the notice.

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Court Court Rules Legal Legal 105

Day on Torts

MAY 31, 2022

When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Based on this legal standard, the Court of Appeals agreed that plaintiff did not comply with the HCLA pre-suit notice requirements here. internal citations omitted).

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Tort Statute Court Construction 59

Day on Torts

APRIL 22, 2021

The trial court granted dismissal on both grounds, and because plaintiff failed to address the Rule 8.01 The Court of Appeals explained that the trial court’s ruling that dismissal was appropriate under Rule 8.01 In Prewitt v. Saint Thomas Health , No. M2020-00858-COA-R3-CV (Tenn.

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Statute Court Rules Legal Legal 59

Day on Torts

FEBRUARY 14, 2022

The arbitration was eventually settled for $7 million, and plaintiff incurred $900,000 in legal fees. The Tennessee Supreme Court previously held that this statute applies to negligent failure to procure claims against insurance agents, and it was undisputed in this case that plaintiff had paid all premiums on the policy.

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Contract Statute Court Legal 59

Day on Torts

JANUARY 11, 2021

Dyer County Tennessee , No. The Court of Appeals first analyzed whether a special relationship was created by the deputy’s actions. Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. In Kimble v. W2019-02042-COA-R3-CV (Tenn.

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Cause of Action Tort Court Statute 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

LegalReader

JANUARY 30, 2023

Landfill nuisance case gets moved to mediation.

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Court Rules Litigating Litigation Court 101

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). internal citation omitted).

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Divorce Cause of Action Statute Diligence 59

JURIST

JULY 10, 2023

The US Court of Appeals for the Sixth Circuit ruled on Saturday in favor of Tennessee, removing a temporary injunction placed on a Tennessee law banning gender-affirming healthcare for minors, including hormones and puberty blockers. This ruling will allow the ban to be in effect immediately, despite ongoing litigation.

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JURIST

FEBRUARY 21, 2021

In a 2-1 decision on Friday, the US Sixth Circuit Court of Appeals rejected a request to revive a Tennessee law requiring a 48-hour waiting period before abortions while the court hears an appeal of the district court’s decision that ruled the law unconstitutional.

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Court Court Rules Laws Attorney 197

Day on Torts

AUGUST 22, 2022

Where an HCLA plaintiff’s expert refused to testify due to no fault of plaintiff or plaintiff’s counsel, the Tennessee Court of Appeals ruled that the trial court should have allowed plaintiff to secure a substitute expert. In Blackburn v. McLean , No. M2021-00417-COA-R3-CV, 2022 WL 3225397 (Tenn.

Court 105

Court Court Rules Depositions Manufacturing 105

The Crime Report

JULY 7, 2022

Examine the court rulings and courtroom practices around VIS, and several practical questions arise, argues Bandes. The 1991 Supreme Court ruling in Payne v. Tennessee upheld the admission of VIS in capital trials, but “this tension has not been adequately addressed,” Bandes writes. In Booth v.

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Education Court Rules Court Legal 98

Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. This is an important case, as it provides further interpretation of the TPPA, a relatively new statute in Tennessee.

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Tort Statute Attorney Litigating 59

JURIST

APRIL 29, 2021

The US Supreme Court reversed an appeals court ruling Monday, allowing an inmate’s federal post-conviction challenge to his state conviction after he had completed his state sentence. However, the Supreme Court ruled that “the Court of Appeals clearly erred.”

Court 91

Court Court Rules Legal Legal 91

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. In Lawson v. Hawkins County, TN , No. E2020-01529-COA-R3-CV (Tenn. July 14, 2021), plaintiffs filed suit based on the death of decedent in a fatal one-car accident. internal citations omitted).

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Tort Cause of Action Statute Court 59

JURIST

AUGUST 7, 2021

A divided US Court of Appeals for the Sixth Circuit ruled 9-7 on Thursday upholding Tennessee’s 48-hour waiting period for an abortion. So, the waiting period was in effect for five years before the district court ruled that the law unduly burdened access to abortion.

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Court Court Rules Litigating Litigation 104

The Crime Report

MAY 10, 2021

Supreme Court ruled that certain cocktails of the lethal injection drugs produce results that are “cruel and unusual punishment” — particularly citing a case in Missouri where an inmate had a rare disease that following a reaction to the injection, he suffocated as his blood filled his airway, according to the DPIC.

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Manufacturing Court Rules Legal Legal 114

Day on Torts

MARCH 11, 2022

Plaintiff also testified that he printed the power of attorney form online, and that anytime he presented the document, he stated that he was not sure of its legality. Plaintiff presented evidence that the brother had Down Syndrome, and plaintiff’s expert testified that the brother lacked the ability to understand the document. 3d 876 (Tenn.

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Attorney Statute Healthcare Court 59

SCOTUSBlog

JULY 2, 2021

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. Tennessee , a long-running dispute between the two states over groundwater in an aquifer.

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Compensatory Damages Court Education Court Rules 137

Day on Torts

APRIL 25, 2022

Because of that, the Court explained that the daughter did not have the authority to execute the arbitration agreement at issue here: Shorn of context, signing a stand-alone arbitration agreement is a legal decision. The Court looked to a 2017 Tennessee Supreme Court Case, Beard v. Branson , 528 S.W.3d

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Attorney Healthcare Court Rules Court 59

JonathanTurley

APRIL 21, 2021

The incident has strikingly similar legal issues to the shooting of Adam Toledo in Chicago. The videotape does appear to satisfy the standard for the use of lethal force under Tennessee v. ” That language is derived from Tennessee v. Garner and other case law. Police told local media that, at 4:32 p.m., Garner , 471 U.S.

Felony 57

Felony Statute Court Rules Court 57

SCOTUSBlog

OCTOBER 24, 2022

Some experts also believe the ruling may lift a chilling effect among reputable providers who, fearing legal liability, stopped prescribing opioids when the government made cracking down on over-prescribers a central part of its response to the addiction crisis. This column was originally published on Oct.

Court Rules 107

Court Rules Court Government Legal 107

The Crime Report

MAY 4, 2022

Even as Americans anticipate a Supreme Court ruling striking down Roe v. In Tennessee, in 2017, Anna Yocca spent a year and a month in jail charged with attempted murder for trying to have an abortion with a coat hanger. We can expect things to get worse if the Court rules as t he leak this week suggested it will.

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Court Rules Attorney Court Laws 132

JonathanTurley

MARCH 11, 2022

Not only that, but four states — Nebraska, Tennessee, Idaho, Kentucky — rescinded their prior ratifications; a fifth, South Dakota, set its ratification to expire if the ERA was not adopted by the 1979 deadline. In 1981, a federal district court ruled in Idaho v. But it fell short of that constitutional threshold.

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Laws Court Legal Legal 57

JonathanTurley

DECEMBER 5, 2021

Indeed, it felt like a scene from Tennessee Williams’ play, “Cat on a Hot Tin Roof.” That was more than a whiff of politics, but the same legal commentators applauding her “stench” comment were entirely silent in condemning her direct call for political action on abortion. The 1896 ruling of Plessy v.

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Stare Decisis Court Laws Legal 11

SCOTUSBlog

DECEMBER 9, 2024

Nor, for that matter, the court of appeals continued, do we see an indication that any of Parents Protectings members asked the School District about how it plans to implement the guidance. The trial court agreed and dismissed the charges, but the Hawaii Supreme Court reinstated them, calling the analysis in Bruen fuzzy and backward looking.

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Court Court Decisions Court Rules Legal 114

JURIST

JANUARY 13, 2025

After the DC Circuit Court ruled against them , Petitioners filed an emergency application for injunction with the Supreme Court, asking for a preliminary injunction to prevent the law from going into effect. The Petitioners are TikTok, Inc.

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Court Government Laws Court Rules 197

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 Litigating 127

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Because the balance of factors was likely to shift over time, the court said it would reevaluate the stay if the Eighth Circuit appeal was not resolved in 12 months. The court also denied Minnesota’s motion for attorney fees, concluding that “removal advanced critical legal questions that have not yet been resolved by the higher courts.”

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Litigating Litigation Court Laws 40

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” She blamed the kid as “old enough to … follow the rules.”

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Tort Litigating Litigation Construction 57

JonathanTurley

JANUARY 19, 2025

By invoking “leading legal constitutional scholars,” Biden only added redundancy to absurdity in claiming that the Equal Rights Amendment is now law. However, in 1981, a federal district court ruled in Idaho v. The Supreme Court later stayed that order but then declared the matter moot.) It failed to do so.

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Legal Legal Law School Education 80

JonathanTurley

JANUARY 18, 2025

Archivist, Colleen Shogan recently explained that neither her office nor the White House have the authority to publish the amendment unilaterally or waive the deadline for ratification: In 2020 and again in 2022, the Office of Legal Counsel of the U.S. However, in 1981, a federal district court ruled in Idaho v.

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Laws Legal Legal Court 67