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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SCOTUSBlog

NOVEMBER 23, 2021

Share Less than two months after oral argument, in its first interstate groundwater case, the Supreme Court unanimously decided that Mississippi must rely on a doctrine known as equitable apportionment if it wants to sue Tennessee over the shared Middle Claiborne Aquifer. The Supreme Court’s decision. Second, the decision in Mississippi v.

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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

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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JonathanTurley

AUGUST 28, 2021

A very disturbing case of alleged police brutality just got far worse after defense counsel for Jim Jones, 62, alleged in open court that a prosecutor with the District Attorney for Lawrence County, Tennessee told a deputy sheriff to delete pictures of the beaten Jones. Under Tennessee bar rules (and those of other states): RULE 3.4:

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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. Plaintiff thereafter filed this HCLA suit.

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Day on Torts

FEBRUARY 3, 2022

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.

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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. Part 2 of my torts and comparative fault speech includes a free electronic copy of Day, J.A.,

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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. Part 2 of my torts and comparative fault speech includes a free electronic copy of Day, J.A.,

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Day on Torts

JANUARY 11, 2021

Dyer County Tennessee , No. 16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. In Kimble v. W2019-02042-COA-R3-CV (Tenn. According to plaintiff, there was a bad storm the night of the accident and a tree had fallen across the state highway plaintiff was traveling on.

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Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] 23] Such laws are already on the books in Arkansas, Maine, Nebraska, Nevada, Ohio, Oklahoma, Tennessee, Vermont, West Virginia, and Wisconsin, some of which limit the amount and type of funding entirely. [24]

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JonathanTurley

JUNE 23, 2021

There are just some legal controversies that hit all of my buttons. As a diehard Cubs fans (and the fan personally responsible for breaking the Billy Goat curse before the World Series in 2016), the lawsuit from former Cub and World Series MVP Ben Zobrist brings together the Cubs and torts. Allied Inv. 2d 270, 274-75 (Tenn.

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Day on Torts

AUGUST 9, 2021

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

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Day on Torts

NOVEMBER 7, 2022

Even under the discovery rule, however, plaintiffs cannot simply wait “until [they] know the full extent of their damages, the exact nature of their legal claims, or all the facts affecting the merits of their claims.” (internal citation omitted). internal citation omitted). Click on the link to see the book’s Table of Contents.

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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.”. This is an important case, as it provides further interpretation of the TPPA, a relatively new statute in Tennessee. In Laferney 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. The Court reasoned: [C]onceptually distinct though it is, simple negligence is a subspecies of these heightened forms of negligence, and in turn, these concepts contrast with intentional torts. In Lawson v.

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JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, there are still some notable additions that raise more legal frights. Well, give it enough time and someone will prove you wrong.

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JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

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Day on Torts

DECEMBER 30, 2020

One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident. Defendants moved to dismiss based on the statute of limitations.

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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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JonathanTurley

NOVEMBER 28, 2022

It was a tour-de-force on the value of satire to make profound legal and political points. 2, on your Tennessee Carpet.” Parody and satire also face threats from other legal actions, particularly tort actions over the appropriation of names or likenesses (called the right to publicity). Image from Supreme Court Petition.

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JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The Ninth Circuit was not persuaded by the plaintiff states’ argument that “precedent requires a broad, fact-intensive inquiry into whether altering an injunction is equitable, even if the legal duty underlying the injunction has disappeared.” Tennessee Valley Authority , No. Center for Biological Diversity v. 3:18-cv-01446 (N.D.

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ClimateChange-ClimateLaw

APRIL 9, 2021

The court concluded that it lacked jurisdiction because administrative appeals that raised the same legal issues were still pending before the Nuclear Regulatory Commission. Three environmental organizations filed a lawsuit in federal district court for the Western District of Tennessee challenging the U.S. Frosh , No.

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