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.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

NOVEMBER 15, 2022

Second, if the court determines that the petitioning party has met such requirements of the statute, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action or if the petitioning party establishes a valid defense to the claims in the legal action.”

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Day on Torts

NOVEMBER 30, 2020

In cases involving the injury of a subcontractor employee, Tennessee courts “have looked to, among other things, the contracts governing the relationships between the landowners, prime contractors, and subcontractors to examine the scope of the parties’ respective duties.” internal citation and quotation omitted).

Prima Facie Case 52

Prima Facie Case Construction Contract Tort 52