Day on Torts

AUGUST 25, 2021

Where plaintiff filed a legal malpractice action in federal court within the one-year statute of limitations, but then waited more than one year after dismissal of that federal case to file this claim for legal malpractice, dismissal based on the statute of limitations was affirmed. In Tolson v. Herbison , No.

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. There are other types of cases that the Court is required to hear.) Given the case selection criteria in discretionary review matters and the types of appeal-as-of-right cases, each opinion is highly likely to materially impact Tennessee law. Code Ann. §

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JURIST

SEPTEMBER 29, 2023

A man was shot Thursday in Espanola, New Mexico during a protest over the reinstallation of a statute of the conquistador Juan de Onate , who massacred and enslaved the Acoma Indigenous people in 1599. The removal of controversial statues across the US has been challenged legally with mixed results in Texas , Tennessee and Louisiana.

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JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Federal district judge Thomas Parker granted an injunction on the ground that the Tennessee law is vague and overly broad. However, many of these events are held off school grounds and with the support of their parents.

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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). Because the TPPA is a relatively new statute, it has not been interpreted in many opinions.

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Day on Torts

MAY 17, 2024

Proof related to potential damages alone are insufficient to sustain a legal malpractice claim in Tennessee. April 10, 2024) (memorandum opinion), plaintiff filed a legal malpractice claim against defendant attorney. Vaughan , No. E2023-00930-COA-R3-CV (Tenn. Defendant moved for summary judgment. Continue reading

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Day on Torts

FEBRUARY 11, 2021

Further, where the other defendant was added as a party after the statute of limitations had run, summary judgment for that defendant was also affirmed. Under the agreement, “OVI retained ultimate legal responsibility, authority, and responsibility over the rendition of all residential treatment services at the facility.”. In Waller v.

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SCOTUSBlog

JUNE 10, 2021

Borden argued that the enhancement did not apply because one of the three prior offenses that the government relied on was a conviction under Tennessee law for reckless aggravated assault. That crime, as its name suggests, can result from reckless conduct – a less culpable legal standard than purposefully or knowingly causing injury.

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Day on Torts

APRIL 15, 2022

Reid had her “execute legal documents while under the influence of medication and falsely led [plaintiff] to believe that she could change her mind,” and that CRMC was vicariously liable for Ms. Plaintiff appealed the dismissal to the Court of Appeals, which affirmed, and the Tennessee Supreme Court denied plaintiff’s permission to appeal.

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Day on Torts

FEBRUARY 3, 2022

Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Defendant filed a new motion to dismiss, asserting that plaintiffs’ various informed consent claims were barred by either the statute of repose or the statute of limitations. Rule 56.04

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Day on Torts

JUNE 21, 2022

During the divorce proceedings, defendant allegedly asked plaintiff to sign a written agreement to continue the lease, which plaintiff refused to sign because it was “onerous, high risk, and legally ineffective.” Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Day on Torts

JUNE 13, 2022

The Court noted that “the legal questions involved in the absolute litigation privilege are particularly well-suited for disposition on a motion to dismiss so long as the requirements of the rule are met.” Note: Chapter 28, Section 11 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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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. Based on this legal standard, the Court of Appeals agreed that plaintiff did not comply with the HCLA pre-suit notice requirements here. internal citations omitted).

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LawSites

MARCH 11, 2024

legal system. The Legal Services Corporation estimates that 92% of the civil legal problems of the roughly 50 million low-income Americans receive no or insufficient legal help. For many with legal problems, simply knowing the law and their rights is the first step toward achieving a resolution.

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Day on Torts

SEPTEMBER 7, 2022

Where defendant driver stated that the accident that injured plaintiff passenger was due to her swerving to avoid a wild animal that unexpectedly entered the roadway, and plaintiff “presented no evidence of negligence on the part of the defendant,” summary judgment for defendant was affirmed by the Tennessee Court of Appeals. In Owings v.

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Day on Torts

JANUARY 26, 2021

Where a plaintiff originally named the wrong defendant in a car accident case and did not file an amended complaint naming the correct defendant until after the one-year statute of limitations had run, dismissal was affirmed. The purpose of Tennessee Rule of Civil Procedure 15.03 In Black v. W2020-00228-COA-R3-CV (Tenn.

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Day on Torts

DECEMBER 5, 2022

Defendant raised several issues on appeal, the first being his assertion that “the evidence [was] not legally sufficient to support a finding that [plaintiff] acted with ‘due diligence’ and, therefore, her claim for intentional misrepresentation and fraud ‘should have failed.’” internal citation omitted).

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Day on Torts

APRIL 22, 2021

Defendant filed a motion to dismiss on two grounds, the statute of limitations and “failure to plead facts to state a claim as required by Tenn. was “an independent basis for dismissal,” and because plaintiff only addressed the statute of limitations argument in her appellate brief, she “waived her right to appeal” this ruling.

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Day on Torts

DECEMBER 14, 2020

Tennessee Justice Programs has released it Fall 2020 on-demand video seminar CLE programs. Former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley, and I started Justice Programs almost 20 years ago. United States Supreme Court Review (Part 2) & Civil and Criminal Procedure. (1

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Day on Torts

FEBRUARY 14, 2022

The arbitration was eventually settled for $7 million, and plaintiff incurred $900,000 in legal fees. Based on the circumstances of this case and the application of the relevant statute, however, the Court of Appeals disagreed. The Court noted that Tenn. Code Ann. §

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Day on Torts

FEBRUARY 21, 2024

Defendants filed a petition to dismiss the complaint under the Tennessee Public Participation Act (“TPPA”). 20-17-106, a provision of the TPPA which “allows a party to immediately appeal a court’s order dismissing or refusing to dismiss a legal action pursuant to a petition filed under the TPPA.” Continue reading

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Day on Torts

MAY 10, 2022

PI Tennessee, LLC , No. A duty of care is “the legal obligation owed by defendant to plaintiff to conform to a reasonable person standard of care for the protection against unreasonable risks of harm.” Note: Chapter 29, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Day on Torts

DECEMBER 1, 2020

Tennessee Justice Programs has released it Fall 2020 on-demand video seminar CLE programs. Former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley, and I started Justice Programs almost 20 years ago. United States Supreme Court Review (Part 2) & Civil and Criminal Procedure. (1

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Day on Torts

JANUARY 11, 2021

Dyer County Tennessee , No. The Court looked at several cases examining this exception and noted that “[c]ases applying the Public Duty Doctrine make clear that whether a special duty arose under Tennessee law does not simply turn on whether the defendant might have reason to know that someone was in danger under the circumstances.”

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Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

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FDA Law Blog

AUGUST 8, 2024

Every state has enacted its own controlled substances statutes and regulations, many of which mirror the federal CSA and DEA regulations. Other states variously control marijuana as a schedule III (Minnesota), schedule VI (Arkansas, Massachusetts, North Carolina and Tennessee), schedule VIA (Alaska), or schedule Z (Maine).

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SquirePattonBoggs

SEPTEMBER 18, 2023

To Judge Kethledge, that understanding of section 403 incorrectly applies “technical legal effect to a figure of speech” calling for ordinary meaning. Judge Griffin further noted that every other circuit that has considered the meaning of “a sentence” in the statute has come out differently than Jackson and Carpenter.

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Broadcast Law Blog

FEBRUARY 24, 2022

Under the FCC’s proposals that are designed to clear up which entity is responsible for legal and regulatory compliance, such multicast streams will be part of the originating station’s license, not that of the “host” station. See the Federal Register notice, here , and read the comments submitted to the docket, here.

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JURIST

SEPTEMBER 11, 2021

The US Court of Appeals for the Sixth Circuit on Friday blocked a Tennessee law that outlawed abortions based on certain reasons, such as a prenatal diagnosis of Down Syndrome or the race or gender of the fetus. The court also blocked the state’s six-week abortion ban. It is, in fact, just the opposite.

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Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

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Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. The TPPA is Tennessee’s anti-SLAPP statute, which stands for “strategic lawsuits against public participation.” In Laferney v.

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Day on Torts

DECEMBER 30, 2020

Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one year after the accident was untimely. In Durham v.

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Day on Torts

MAY 13, 2022

Where plaintiff submitted no expert proof to support his legal malpractice claim, summary judgment for defendant was affirmed. Plaintiff thereafter filed this pro se legal malpractice claim against defendant. In the instant case, defendant moved for summary judgment on the legal malpractice claim, which the trial court granted.

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Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. Pursuant to the language of the statute, the trial court had held that plaintiffs’ claims could not proceed because they were based on allegations of reckless conduct. In Lawson v. Hawkins County, TN , No.

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Day on Torts

NOVEMBER 19, 2020

Where a Tennessee HCLA plaintiff sent a HIPAA authorization that failed to allow the defendants to obtain records from each other, the trial court’s finding that plaintiff did not comply with the statutory requirements and that the suit was thus time-barred was affirmed. Klemis , No. W2019-02115-COA-R3-CV (Tenn. internal citation omitted).

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Day on Torts

MARCH 11, 2022

Plaintiff also testified that he printed the power of attorney form online, and that anytime he presented the document, he stated that he was not sure of its legality. During oral arguments, plaintiff also suggested that Owens was inapplicable because the statute cited therein, Tenn. Code Ann. § Code Ann. § Code Ann. § Code Ann. §

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Day on Torts

JULY 26, 2022

On appeal, plaintiffs attempted to rely on Tennessee’s Post-Mortem Examination Act to support their argument that the distribution of the autopsy photos was not protected speech under the U.S. and Tennessee Constitutions. Without more, this activity cannot be deemed ‘outrageous’ in the legal sense. This is new law in Tennessee.

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