Day on Torts

OCTOBER 18, 2024

A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. Defendant filed a motion to dismiss based on the statute of limitations.

Tort 52

Tort Statute Court 52

Day on Torts

OCTOBER 18, 2024

A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. Defendant filed a motion to dismiss based on the statute of limitations.

Tort 52

Tort Statute Court 52

LPB Network

JUNE 17, 2021

Today the Supreme Court issued its decision in Nestlé USA, Inc. The plaintiffs brought claims under the Alien Tort Statute (ATS) against two American companies—Nestlé USA and Cargill—that “purchase, process, and sell cocoa. Doe (covered earlier here). They did.

Tort 52

Tort Statute Court 52

SCOTUSBlog

JUNE 17, 2021

Share The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based The plaintiffs relied on the Alien Tort Statute, an 18th-century law that permits foreigners to bring lawsuits in U.S. courts for serious violations of international law. Court of Appeals for the 9th Circuit reinstated it.

Tort 138

Tort Statute Finance Court 138

Day on Torts

MAY 24, 2022

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. The trial court denied the motion and ultimately found for plaintiff. In Lowery v. Code Ann. §

Tort 59

Tort Court Compensatory Damages Punitive Damages 59

Day on Torts

MARCH 3, 2023

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. Plaintiff’s initial complaint listed several intentional torts, but his amended complaint removed the referral to any specific torts and instead alleged liability more generally. In Anderson v.

Statute 59

Statute Tort Court Government 59

Gravel2Gavel

JUNE 22, 2021

SUPREME COURT. The Court of Appeals for the Federal Circuit invalidated their appointments and thereby jeopardized hundreds of pending patent claim judgments. What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. Continue Reading ›.

Tort 59

Tort Statute Administrative Law Court 59

Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

Statute 59

Statute Tort Manufacturing Court 59

Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The trial court agreed, granting the motion, and summary judgment was affirmed on appeal. In Costner v.

Statute 59

Statute Tort Construction Court 59

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59

Statute Court Tort Healthcare 59

Day on Torts

NOVEMBER 4, 2021

First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn. internal citation omitted).

Statute 59

Statute Tort Depositions Court 59

SCOTUSBlog

JUNE 8, 2023

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983. First, FNHRA “unambiguously” confers individual federal rights.

Statute 99

Statute Court Contract Tort 99

JURIST

JUNE 15, 2024

The lawsuit was filed in 2008 under the Alien Tort Statute , which allows foreign citizens to bring lawsuits in US federal courts for serious violations of international law. CACI contended that the plaintiffs had their day in court and that the evidence did not support a verdict against CACI.

Tort 99

Tort Statute Contract Technology 99

The Crime Report

JUNE 29, 2021

Supreme Court on Monday declined to hear the appeal of CACI International Inc., CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S.

Tort 75

Tort Court Statute Court Decisions 75

Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” 4-5-322, which grants exclusive jurisdiction of such reviews to the Chancery Court. The Court also looked at Tenn. Code Ann. § Code Ann. §

Tort 59

Tort Contract Court Administrative Law 59

SCOTUSBlog

DECEMBER 3, 2023

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. But can bankruptcy court solve a public health crisis? The opioid MDL came under scrutiny, including by the U.S.

Litigating 95

Litigating Litigation Tort Statute 95

SCOTUSBlog

JANUARY 9, 2022

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. This case will determine how those provisions apply specifically to future medical expenses.

Tort 91

Tort Statute Government Court Decisions 91

At the Lectern

JULY 21, 2022

Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P. Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” (See here.).

Statute 49

Statute Tort Contract Court 49

SCOTUSBlog

APRIL 25, 2025

The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court made short work of two of last weeks first-time relists. The court granted review in United States Postal Service v. The district court agreed and dismissed Whole Foods with prejudice.

Court 64

Court Government Tort Laws 64

Day on Torts

FEBRUARY 3, 2022

Where the trial court did not provide sufficient reasoning in support of its dismissal of plaintiffs’ various HCLA and informed consent claims, summary judgment for defendants was vacated. Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Gibson , No.

Statute 59

Statute Tort Court Diligence 59

Law 360

JUNE 17, 2021

The Supreme Court ruled in favor of Nestle and Cargill on Monday in a lawsuit claiming the chocolate makers aided and abetted child slavery on African cocoa farms, reversing a ruling that allowed the claims to proceed under the Alien Tort Statute.

Court Rules 52

Court Rules Tort Statute Court 52

Day on Torts

JANUARY 11, 2022

Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.

Prima Facie Case 59

Prima Facie Case Legal Legal Tort 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. In Simpkins v. John Maher Builders, Inc. ,

Tort 59

Tort Statute Diligence Contract 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 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. Link to Court of Appeals Opinions: [link].

Court 59

Court Tort Statute Lawyers 59

Day on Torts

FEBRUARY 10, 2022

The trial court denied that motion and entered an award for the former employee on July 7, 2017. After this award was entered, County Attorney Robert Husker “began reviewing the court file and investigating the decisions made by [defendant attorney] during the trial.” On appeal, dismissal was affirmed.

Legal 59

Legal Legal Tort Statute 59

Day on Torts

NOVEMBER 15, 2022

The trial court denied the TPPA motion to dismiss, and plaintiffs appealed this denial, which was vacated on appeal due to the trial court’s use of the wrong analysis. The Court of Appeals quoted Tenn. internal citations omitted). 20-17-105(a)(b); additional citation omitted). internal citation omitted).

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Day on Torts

NOVEMBER 17, 2022

After hearing the evidence, the trial court set a boundary line for the disputed property and denied plaintiffs’ claim for adverse possession of the disputed area. On appeal, dismissal of the trespass claim was vacated due to the trial court applying the wrong intent standard to the tort of trespass. internal citation omitted).

Tort 59

Tort Statute Court Litigation 59

Day on Torts

JUNE 21, 2022

The trial court granted defendant’s motion to dismiss, ruling that the complaint did not establish that the “retaking of the automobile was in defiance of the true owner’s rights,” and the Court of Appeals affirmed. Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Divorce Statute Contract 59

Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. In Adamson v. Grove , No. internal citation omitted).

Tort 59

Tort Statute Attorney Court 59

Day on Torts

JANUARY 25, 2022

Where plaintiff wife failed to give written notice of her loss of consortium claim against the State of Tennessee to the Division of Claims and Risk Management, dismissal of her claim was affirmed, despite the fact that her complaint was filed with the Claims Commission within the statute of limitations. In Kampmeyer v. State , No.

Tort 52

Tort Statute Court Laws 52

SCOTUSBlog

JANUARY 11, 2022

Commissioner of Internal Revenue will consider whether “equitable tolling” – which allows courts to excuse missed deadlines in some circumstances – is available for a statutory federal income tax deadline. Courts of Appeals for the 8th and 9th Circuits concluding that tolling is not available, and the U.S. The deadline was Aug.

Statute 94

Statute Law Firm Law Firms Government 94

Day on Torts

JUNE 13, 2022

Defendant filed a motion to dismiss the defamation action, which the trial court granted based on the absolute litigation privilege, and the Court of Appeals affirmed. The Court quickly concluded that this criteria was met, as defendant’s allegation that plaintiffs’ marriage was bigamous was the very basis of his complaint.

Litigating 59

Litigating Litigation Tort Divorce 59

Day on Torts

JUNE 20, 2022

Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. Woodland Presbyterian , No.

Statute 59

Statute Tort Court Rules Court 59

Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn. Code Ann. §

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

Manufacturing 69

Manufacturing Court Statute Laws 69

Day on Torts

OCTOBER 18, 2022

The Court pointed out that although plaintiff took issue with defendant allowing a “recently graduated doctor to treat patients in its hospital when they had no medical license…,” plaintiff “presented no expert proof that [defendant’s] allowing this arrangement in its emergency department fell below the standard of acceptable care for hospitals.”

Tort 59

Tort Statute Court Laws 59