Day on Torts

NOVEMBER 1, 2024

The Tennessee Supreme Court has affirmed that the filing of a TPPA petition to dismiss by a defendant does not bar a plaintiff from voluntarily dismissing a case. In addition to motions to dismiss, two defendants filed petitions to dismiss under the Tennessee Public Protection Act (“TPPA”). In Flade v. 3d —, No.

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Court Rules Court 52

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.

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Court Rules Court 52

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

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. In the same fiscal year, the Court issued opinions in 63 cases. Summary by the Court of Appeals: .

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Court Tort Statute Lawyer 59

SCOTUSBlog

JUNE 10, 2021

Share A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. The Supreme Court reversed that decision on Thursday. Charles Borden Jr.

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Felony Court Statute Government 127

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

Attorney at Work

MAY 31, 2022

Managing an increasing volume of cases and court deadlines– sometimes in multiple jurisdictions – is one of the biggest time management challenges for law firms. . A Tennessee lawyer was suspended and put on probation after failing to file a personal injury case. The Solution: Integrated Court Rules.

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Calendaring Court Lawyers Lawyer 119

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.

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Tort Court Rules Government Court 59

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.”. The libel defendants filed motions to dismiss pursuant to the TPPA, which the trial court granted on December 10, 2020.

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Tort Statute Attorney Litigation 59

Day on Torts

FEBRUARY 24, 2022

The trial court applied the statutory non-economic damages cap to reduce the award to $1,529,777, which the Court of Appeals affirmed in a lengthy opinion. The Court pointed out that plaintiff had three lay witnesses and two expert witnesses testify as to causation. The Court of Appeals rejected both arguments.

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Tort Personal Injury Court Court Rules 59

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). This ruling was affirmed in part and reversed in part on appeal. In Charles v. McQueen , No.

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Prima Facie Case Tort Real Estate Statute 59

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.

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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.

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Court Depositions Laws Finance 98

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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Tort Contract Court Statute 45

SCOTUSBlog

MAY 18, 2021

Share The Supreme Court on Monday issued its opinion in CIC Services v. 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.

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Court Court Rules Legal Legal 103

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.”

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Drafting Constitutional Law Contract Court Rules 197

Day on Torts

JULY 13, 2021

Where plaintiff only presented proof that his property was damaged during shipment but did not present any proof sufficient to allow the trial court to assess his damages, involuntary dismissal was affirmed. After plaintiff closed his proof, defendants moved for dismissal, which the trial court granted and the Court of Appeals affirmed.

Court Rules 59

Court Rules Court 59

JonathanTurley

JANUARY 9, 2025

It required congressional legislation to allow the dam to be finished after years in the courts where judges maintained that the species had to be protected under the Endangered Species Act. Zygmunt Plater, an environmental law professor at Boston College, represented the snail darter before the Supreme Court. That was then.

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Litigation Litigating Construction Court Rules 58

Day on Torts

JULY 23, 2021

Tinnin changed his testimony at trial and stated that he bought the car with the intention of flipping it, but the trial court did not credit this testimony. 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.

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Depositions Court Contract Court Rules 59

JonathanTurley

JUNE 21, 2024

Board of Trustees of North Carolina State University , which was unfortunately not reviewed by the Supreme Court. 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. of Trustees.

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Court Rules Court Education Construction 49

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). to a trial court? The book is in a 6 x 9 format. It weighs less than 20 oz.

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. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v.

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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.” Court of Appeals for the 9th Circuit reversed on both counts. The main difference is that instead of describing “Old No.

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Statute Manufacturing Court Decisions Court 107

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

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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Litigating Litigation Court Finance 126

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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Court Rules Litigating Litigation 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.

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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. On appeal, that ruling was reversed. The Court of Appeals began by looking at Tenn. Code Ann. §

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.”

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Statute Personal Injury Cause of Action Misdemeanor 59

Day on Torts

FEBRUARY 16, 2022

Defendants Goodall and the City both filed motions for summary judgment, which the trial court granted, and the Court of Appeals affirmed. Regarding the claims against Goodall, the trial court had found in part that the claim was barred by the applicable statute of repose found in Tenn. . § internal citation omitted).

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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.

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Personal Injury Healthcare Court Court Rules 59

Day on Torts

DECEMBER 5, 2022

Plaintiff responded by arguing that defendant had waived this argument and that there was material evidence to support the verdict, and the Court of Appeals agreed on both points. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

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Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

SEPTEMBER 9, 2022

The trial court eventually granted the motion for summary judgment, agreeing that defendant owed no duty here, and the Court of Appeals affirmed. The Court began its negligence analysis by considering whether defendant owed a duty under the contract. Code Ann. §

Contract 52

Contract Tort Court Rules Statute 52

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.”

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Prima Facie Case Court Rules Court 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.

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Tort Court Statute Laws 59

Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. On appeal, this ruling was reversed. Code Ann. § internal citation and quotations omitted).

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Construction Tort Statute Attorney 59

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. Code Ann. § 28-3-105.) internal citation omitted).

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