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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JURIST

JUNE 3, 2023

Judge Thomas Parker, a judge for the United States District Court for the Western District of Tennessee, Friday ruled that Tennessee’s Adult Entertainment Act (AEA) is unconstitutional. In his opinion, Parker ruled that the AEA violates First Amendment rights. Parker previously enjoined the AEA in April.

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Day on Torts

JULY 1, 2024

July 1, 2024 is the effective date for changes to the Tennessee Rules of Civil Procedure and Evidence. That is why I created a new book that contains the up-to-date Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition).

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Court Rules Court 52

Day on Torts

FEBRUARY 24, 2022

Regarding the permanence of plaintiff’s injury, the Court found that plaintiffs’ experts had testified to some permanence for both his leg and back and his cognitive injuries, and that the medical testimony was “corroborated by [plaintiffs’] respective testimony that [plaintiff’s] physical and cognitive symptoms have not improved since the accident.”

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. There is no cost to access this resource that is designed to keep you on top of changes in Tennessee tort law.

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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

Day on Torts

OCTOBER 24, 2022

Where defendant physician was employed by a state university and received no personal gain from the clinical services she rendered at a hospital, and plaintiff had brought an HCLA action based on these hospital clinical services, summary judgment pursuant to defendant’s absolute immunity under the Tennessee Claims Commission Act was affirmed.

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JURIST

JUNE 12, 2021

One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. ” The post US Supreme Court rules reckless offenses do not qualify as ‘violent felony’ appeared first on JURIST - News - Legal News & Commentary.

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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.

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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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Law 360

APRIL 19, 2024

Supreme Court's ruling that Title VII prohibits discriminatory job transfers left, how lower courts could decide how much transportation work can exempt workers from federal arbitration and a look at a workers' bid to unionize at a Volkswagen facility in Chattanooga, Tennessee.

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JonathanTurley

JUNE 21, 2024

As previously addressed by Keith Whittington, the case involved Professor Andrew Donadio who serves as the faculty advisor for the local chapter of Turning Point USA at Tennessee Tech University. ” They stated in bold text that the professor and group’s “hate & hypocrisy are not welcome at Tennessee Tech.”

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JURIST

APRIL 1, 2024

The Florida Supreme Court ruled on Monday that the state constitution does not protect the right to abortion. The ruling in Planned Parenthood of Southwest and Central Florida vs. State of Florida allows the current 15-week abortion ban to be upheld and triggers the Heartbeat Protection Act to take effect. Wade in 2022.

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Court Court Rules Laws 211

JURIST

JANUARY 13, 2024

The NLRB then filed a petition in the US District Court Western District of Tennessee requesting injunctive relief on behalf of the employees under Sections 7 and 8 of the National Labor Relations Act (NLRA). The court found in favor of the NLRB issuing a preliminary injunction, ordering Starbucks to rehire the employees.

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Day on Torts

MAY 8, 2024

A finding of trespass requires a court to award nominal damages under Tennessee law. 12, 2024) (memorandum opinion), the Court of Appeals overturned a trial court’s refusal to award damages after a trespass finding. The trial court ruled that appellee trespassed but refused to award damages due to his “good faith.”

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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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Day on Torts

JULY 13, 2021

Plaintiff argued that the trial court erred by excluding two affidavits from the recipient of the damaged package, as well as photographs of the damaged receiver. Without ruling on the admissibility of the excluded evidence, the Court ruled that dismissal was appropriate here. The Court explained: Continue reading.

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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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Day on Torts

DECEMBER 22, 2023

Where defendant received a citation for violating a Tennessee municipal ordinance in a car accident, the one-year statute of limitations applied. The trial court ruled that the two-year extension did not apply here because the code violation was civil in nature rather than criminal, and it therefore granted summary judgment to defendant.

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Statute Court Rules Court 52

The Crime Report

MARCH 30, 2022

The use of fines and fees to generate revenue for local justice systems constitutes a “predatory” relationship between law enforcement and citizens that violates the due process protections of the Constitution, according to a Tennessee Law Review paper. Supreme Court Rulings. As early as 1927, a Supreme Court cases, Tumey v.

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Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

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Day on Torts

MARCH 10, 2023

In an HCLA case discovery dispute, the Tennessee Court of Appeals ruled that plaintiff’s testifying experts’ “notes, drafts, and communications with counsel” were discoverable under the Tennessee Rules of Civil Procedure and that plaintiff had waived any claim that the requested items were privileged. In Starnes v.

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Depositions Drafting Healthcare Court Rules 52

Day on Torts

MARCH 6, 2024

The facts showed that a few months before the mother’s death, defendant had traveled to her home in Tennessee and had the mother execute a power of attorney naming defendant her attorney-in-fact. Continue reading

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Attorney Court Rules Court 52

Day on Torts

SEPTEMBER 9, 2022

Plaintiff attempted to rely on additional documents referred to in the SCES manual to support a finding of duty, but the Court noted that the Manual specifically referred to these additional documents in an attempt to provide proper pruning methods, not to add to defendant’s contractual duty. internal citations omitted).

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Contract Tort Court Rules Statute 52

Day on Torts

MAY 11, 2022

April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. 3, 2019), the Court ruled that “language in a complaint cannot substitute for a proper certificate of good faith.” In Gilbert v. State , No. In Dotson v.

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Tort Statute Cause of Action Court 59

Day on Torts

DECEMBER 5, 2022

While defendant urged the Court to “follow the modern trend taken in federal courts, which no longer requires renewal of a motion for directed verdict at the close of all the proof,” the Court declined to change long-standing Tennessee law. Accordingly, the Court ruled that, pursuant to Tenn.

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Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

FEBRUARY 16, 2022

The Court noted that plaintiff’s only evidence that the cap was dangerous was the evidence of her own fall and the fall of the alleged other unnamed homeowner, and that “[n]egligence cannot be presumed by the mere happening of an injury or accident.” internal citation omitted). Click on the link to see the book’s Table of Contents.

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Day on Torts

AUGUST 2, 2022

Under the modern discovery rule…, Plaintiffs were on constructive notice of their claim by October 5, 2009. Because plaintiffs had constructive notice of their claim in 2009, the Court ruled that the conversion claim should have been barred by the three-year statute of limitations.

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Day on Torts

JANUARY 18, 2022

The evidence showed that in 2002, an HMA representative had rejected uninsured motorist coverage in Tennessee in a signed, dated document. This representative had “executed a new written rejection for Tennessee vehicles each succeeding year through 2010.” The Court of Appeals affirmed this decision.

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Personal Injury Healthcare Court Court Rules 59

Day on Torts

MAY 18, 2022

Taking the allegations in the complaint as true, the Court found that “a trier of fact could determine that Plaintiffs, in the exercise of reasonable care and diligence, could not have discovered this potential cause of their injury until January 2018 due to Defendants’ attempts to conceal this cause.”

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Day on Torts

APRIL 5, 2023

The trial court agreed that the case fell within the HCLA and dismissed the suit without prejudice due to plaintiff’s failure to provide pre-suit notice. In Mears v. Nashville Center for Rehabilitation and Healing, LLC , No. M2022-00490-COA-R3-CV (Tenn.

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Day on Torts

FEBRUARY 7, 2022

City of Algood, Tennessee , No. At the close of plaintiff’s proof, defendant moved for involuntary dismissal of plaintiff’s claims pursuant to Tennessee Rule of Civil Procedure 41.02(2), 2), which the trial court granted. 2), the trial court did not err in considering the testimony of [plaintiff’s wife].”.

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Day on Torts

MARCH 28, 2022

The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 Accordingly, the Court ruled that the fact was admitted and defendant could not “be charged with actual notice.”. internal citations and quotations omitted). Summary judgment was therefore affirmed.

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Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

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Tort Construction Court Statute 59

SCOTUSBlog

MARCH 20, 2023

7 Tennessee Sour Mash Whiskey” manufactured by “Jack Daniel’s,” the toy refers to a “Bad Spaniel” that makes “Old No. 2 on your Tennessee carpet.” The main difference is that instead of describing “Old No. Predictably enough, Jack Daniel’s sued VIP for trademark infringement and dilution.

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Day on Torts

DECEMBER 8, 2022

More than two weeks after the order of dismissal was entered, defendants filed a “combined motion to alter or amend and petition to dismiss with prejudice pursuant to the Tennessee Public Participation Act” (TPPA). voluntary dismissals in Tennessee. internal citation omitted). internal citation omitted).

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Tort Statute Attorney Court 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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