HowAppealing

NOVEMBER 23, 2021

“Supreme Court Rules Against Mississippi in Water-Rights Case; State had argued that the city of Memphis, Tenn., And John Fritze of USA Today reports that “ Supreme Court backs Tennessee in water rights dispute with Mississippi.” delivered the opinion for a unanimous Court in Mississippi v.

Court Rules 100

Court Rules Court 100

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

Day on Torts

MAY 20, 2024

Who needs to haul the Tennessee Supreme Court rules, the Tennessee Rules of Appellate Procedure, etc. to a trial court? That is why I created a new book that contains only the Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition).

Court Rules 52

Court Rules Court 52

Day on Torts

JUNE 19, 2024

Who needs to haul the Tennessee Supreme Court rules, the Tennessee Rules of Appellate Procedure, etc. to a trial court? That is why I created a new book that contains only the Tennessee Rules of Civil Procedure and Evidence (Courtroom Edition).

Court Rules 52

Court Rules Court 52

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.

Court 209

Court Court Rules Legal Legal 209

American Legal Net

FEBRUARY 2, 2022

New Court Rule Sets Available : Tennessee Court of Appeals ( TNCOA ). Courts Removed. New York Supreme Court, 1st JD, New York County, Hon. New York Supreme Court, 1 st JD, New York County, Hon. The post February 1, 2022 Court Rules Update appeared first on American LegalNet.

Court Rules 52

Court Rules Court 52

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 Litigation 59

Day on Torts

MARCH 4, 2023

In a unanimous decision, the Tennessee Supreme Court has held that the Governmental Tort Liability Act (GTLA) “removes immunity only for ordinary negligence,” not for gross negligence or recklessness. Hawkins County, Tennessee , No. The Court of Appeals reversed dismissal. In Lawson v. E2020-01529-SC-R11-CV (Tenn.

Tort 59

Tort Court Rules Government Court 59

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.”

Tort 59

Tort Personal Injury Court Rules Court 59

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.

Court 59

Court Tort Statute Lawyers 59

Day on Torts

FEBRUARY 5, 2025

The Tennessee Supreme Court recently affirmed a premises liability judgment for the plaintiff based on an apartment complex failing to maintain a pedestrian bridge properly. The plaintiff filed a premises liability suit against the defendant apartment owner, and the trial court ruled in the plaintiffs favor.

Court 52

Court Court Rules 52

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. §

Prima Facie Case 59

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.

Tort 45

Tort Contract Court Statute 45

The Crime Report

JUNE 11, 2021

The Supreme Court ruled Thursday that prior convictions for crimes of reckless violence aren’t sufficient to trigger additional years of imprisonment for felons convicted of gun possession, reports the Wall Street Journal. Lower courts rejected his argument, and he was sentenced under the career-criminal law.

Criminal Law 111

Criminal Law Court Rules Court Laws 111

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.

Court 98

Court Depositions Laws Finance 98

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. United States , the Supreme Court ruled that the residual clause is so vague that it is unconstitutional and therefore cannot be enforced.

Felony 129

Felony Court Statute Government 129

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.”

Court Rules 66

Court Rules Court Education Construction 66

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

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.

Depositions 59

Depositions Court Contract Court Rules 59

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.

Court Rules 59

Court Rules Court 59

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).

Court Rules 52

Court Rules Court 52

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).

Tort 59

Tort Cause of Action Statute Court 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.

Statute 108

Statute Manufacturing Court Decisions Court 108

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.

Court Rules 52

Court Rules Court 52

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.”

Court Rules 52

Court Rules Litigation Litigating Court 52

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.

Tort 59

Tort Depositions Depose Court 59

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.

Tort 59

Tort Statute Cause of Action 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.”

Statute 59

Statute Personal Injury Cause of Action Misdemeanor 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.

Tort 59

Tort Construction Statute Court 59

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.

Personal Injury 59

Personal Injury Healthcare Court Court Rules 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.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

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).

Contract 52

Contract Tort Court Rules Statute 52

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.

Construction 59

Construction Tort Statute Attorney 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.”

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

AUGUST 26, 2024

After the complaint was filed, defendant moved to dismiss under the Tennessee Public Participation Act (“TPPA”). The trial court denied the petition, finding the TPPA inapplicable to this case. In a first appeal, the Court of Appeals ruled that defendant’s “filing of a Title IX complaint fell within the scope of the TPPA.”

Prima Facie Case 52

Prima Facie Case Court Rules Court 52

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.

Depositions 52

Depositions Drafting Healthcare Court Rules 52

Day on Torts

FEBRUARY 8, 2022

The trial court denied the motion to dismiss, holding that “Plaintiffs’ claims for medical battery and intentional misrepresentation were based on false statements the Defendants made to [plaintiff] before they established a doctor-patient relationship,” and the Court of Appeals affirmed this “temporal analysis” on interlocutory appeal.

Tort 59

Tort Court Statute Laws 59