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Under the discovery rule, the limitations period will begin to run when “(1) the plaintiff suffers an ‘actual injury’ as a result of the defendant’s allegedly wrongful conduct, and (2) the plaintiff knew or in the exercise of reasonable diligence should have known that its injury was caused by the defendant’s alleged wrongful conduct.”
For HCLA claims, the discovery rule means that a “cause of action accrues when one discovers, or in the exercise of reasonable diligence should have discovered, both (1) that he or she has been injured by wrongful or tortious conduct and (2) the identity of the person or persons whose wrongful conduct caused the injury.”
Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. While defendant asserted that there was insufficient evidence to show that plaintiff did her due diligence, the Court disagreed.
The tort claims in this case were subject to the three-year statute of limitations applicable to injuries to real property, and the Court of Appeals agreed that this limitations period would not be tolled by the discovery rule under the facts here. internal citation and quotations omitted).
of the Tennessee Rules of Civil Procedure requires a trial court to “state the legal grounds upon which the court denies or grants the motion, and to include such statement in the order reflecting the trial court’s ruling.” Because the trial court did not give sufficient reasons for its decision, summary judgment was vacated on appeal.
Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn.
Defendant implied in his brief that a check could not be considered “tangible personal property,” but the Court quickly pointed out that “conversion of checks is actionable” in Tennessee, as “checks designate specific amounts of money for use for specific purposes.” internal citations omitted). Code Ann. § 47-3-118(g). “In
Three environmental organizations filed a lawsuit in federal district court for the Western District of Tennessee challenging the U.S. The amicus briefs were filed by American Petroleum Institute, National Association of Manufacturers, the Chamber of Congress of the United States of America, and 18 states, led by Indiana.
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