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

The Court of Appeals explained that although the TPPA is a relatively new statute, case law has established “two general conclusions” regarding the proper procedure when a motion to dismiss is filed thereunder. The TPPA, a relatively new statute, continues to be more defined as additional cases are litigated and appealed thereunder.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

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

Conflict of Laws

JANUARY 15, 2023

Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4). Doing away with the need to seek leave in advance will increase efficiency and save some costs.

Court 40

Court Prima Facie Case Statute Cause of Action 40