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.

Litigating 72

Litigating Litigation Construction Court Rules 72

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

The Crime Report

DECEMBER 6, 2021

A Tennessee appeals court has unanimously ruled Tim Gilbert, a Black man convicted of aggravated assault and other charges by an all-white jury should get a new trial, saying that prosecutors failed to rebut a claim made by defense lawyers that the room where the jury deliberated was prejudicial to the man, reports the New York Times.

Lawyers 98

Lawyers Lawyer Court Rules Court 98

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

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

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: .

Court 59

Court Tort Statute Lawyer 59

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

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.

Felony 126

Felony Court Statute Government 126

JURIST

APRIL 16, 2024

The US Supreme Court granted an emergency request for stay led by Idaho officials, allowing the state to temporarily enforce a statewide ban on gender-affirming care for certain minors. T his ban is one of the first cases related to transgender health care to reach the nation’s highest court. Labrador v.

Court 138

Court Laws Court Rules Attorney 138

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.

Tort 59

Tort Personal Injury Court Rules Court 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.

Criminal Law 111

Criminal Law Court Rules Court Laws 111

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.

Court Rules 64

Court Rules Court Education Construction 64

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

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.

Court 109

Court Court Rules Legal Legal 109

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

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 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

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.

Depositions 59

Depositions Court Contract Court Rules 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). 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

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.

Statute 106

Statute Manufacturing Court Decisions Court 106

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

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 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.”

Statute 59

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).

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

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.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

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 Litigating Litigation Court 52

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.”

Prima Facie Case 52

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.

Tort 59

Tort Court Statute Court Rules 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).

Tort 59

Tort Statute Diligence Contract 59

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

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. The trial court agreed, ultimately dismissing the complaint with prejudice, and the Court of Appeals affirmed. defense it is answer, by failing to file a Rule 12.02

Tort 59

Tort Statute Court Construction 59

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.

Tort 59

Tort Construction Court Statute 59