Day on Torts

NOVEMBER 17, 2022

To be liable for civil trespass in Tennessee, the alleged tortfeasor does not have to intend to enter the property of another; he or she can commit trespass while believing the property is his or her own and only needs to intentionally be on the land. In Barrios v. Simpkins , No. M2021-01347-COA-R3-CV, 2022 WL 16846642 (Tenn.

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Day on Torts

FEBRUARY 24, 2022

While there were no Tennessee cases directly on point, the Court of Appeals explained that this case “share[d] similarities with cases involving a landlord who leases property to a tenant who maintains a vicious dog on the property.” Day on Torts: Leading Cases in Tennessee Tort Law ? Day on Torts: Leading Cases in Tennessee Tort Law?

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SquirePattonBoggs

FEBRUARY 25, 2021

The district court had actually granted certification on that question but the Tennessee Supreme Court (after a seven month delay) declined to take the issue because certain factual questions had not been resolved. The state court suggested instead that certification might be appropriate once the case was on appeal.

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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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Broadcast Law Blog

FEBRUARY 24, 2022

Broadcasters already upload this information to their public file, and this update merely brings the FCC’s rules in line with the requirements of federal statute and thus has no practical effect on a station’s political file obligations. We wrote in more detail about these changes, here.

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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

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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JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. If they are found 51 percent at fault, they are barred entirely from recovery.

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JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. If they are found 51 percent at fault, they are barred entirely from recovery.

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Day on Torts

MARCH 11, 2022

During oral arguments, plaintiff also suggested that Owens was inapplicable because the statute cited therein, Tenn. While the Court pointed out that neither party had suggested that the power of attorney for health care in this case failed to comply with Tennessee law, it did conclude that Tenn. Code Ann. § Code Ann. § Code Ann. §

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Day on Torts

DECEMBER 20, 2021

After decedent’s death, plaintiffs filed this suit in Tennessee, attempting to have the remaining settlement proceeds distributed as wrongful death proceeds rather than having them distributed under decedent’s will. Decedent himself ultimately accepted a settlement in lieu of further litigation. In Welch v. Welch , No.

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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. This case is an important read for anyone litigating a tort case involving a matter of public concern.

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Day on Torts

APRIL 21, 2021

The trial court granted the motion to dismiss, finding that plaintiff had failed to comply with the pre-suit notice requirements and thus was not entitled to the 120-day extension of the statute of limitations, making her complaint untimely, and the Court of Appeals affirmed. Khuri, 523 S.W.3d 3d 619 (Tenn.

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SCOTUSBlog

JULY 2, 2021

The court added nine other cases to its docket for the 2021-22 term, on issues ranging from securities litigation to interstate water disputes. Tennessee , a long-running dispute between the two states over groundwater in an aquifer. Other grants on Friday’s order list. Pivotal Software v. Disclosure : Goldstein & Russell, P.C.,

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Day on Torts

MAY 3, 2022

Perry County, Tennessee , No. The Tennessee Supreme Court “has adopted a planning-operational test to determine whether a decision is discretionary within the meaning of the GTLA,” explaining that “planning or policy-making decisions are immune from liability” while “operational decisions do not enjoy the same protection.”

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SCOTUSBlog

JUNE 20, 2024

But its suit named Dewberry Group, not the affiliates, as a defendant, and the parties litigated only the liability of Dewberry Group itself. Dewberry Engineers sued, asserting trademark claims under the Lanham Act. rescheduled before the Mar. rescheduled before the Mar. Kentucky ex rel.

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SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. Tennessee , 22 Orig. Tennessee , 22 Orig. Premier Rehab Keller P.L.L.C. ,

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SCOTUSBlog

JUNE 13, 2024

Coverage of federal fraud statutes Porat v. The district court held that the allegations were inadequate under the heightened pleading standards of the Private Securities Litigation Reform Act , which Congress adopted to curb perceived abuses of securities litigation. This week’s relists are a real grab bag of issues.

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SCOTUSBlog

APRIL 18, 2025

Perhaps in part because the parental-notice rule remained on the books, Montana agreed to an order known as a preliminary injunction to put the new parental-consent law on hold while the litigation continued. Procedural hurdles then stalled the litigation for nearly a decade. Eventually, Dobbs breathed new life into the dispute.

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JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. People are seeking the closure of the houses located in Summertown, Tennessee and Huntsville, Alabama. Griffin voluntarily paid money to experience it.” _ In 2018, a case emerged in Madison, Tennessee from the Nashville Nightmare Haunted House. or houses near him.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Tennessee Federal Court Allowed Conservation Groups to Proceed with Challenge to TVA Long-Term Contracts. and non-U.S. Missouri v.

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SCOTUSBlog

MAY 28, 2024

The justices did not act on two sets of high-profile petitions that they considered last week: a group of challenges to bans imposed by Illinois and several municipalities in that state on assault weapons and high-capacity magazines, as well as challenges to bans on gender-affirming care for minors in Tennessee and Kentucky.

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JURIST

DECEMBER 5, 2024

Skrmett i, a case concerning whether Tennessee Senate Bill 1’s (SB1) ban on gender-affirming care for minors violates the Equal Protection Clause. Rice argued that the statute just tries to give minors time to appreciate their sex before making irreversible choices and seeking treatments.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Tennessee Valley Authority , No. HERE ARE RECENT ADDITIONS TO THE INTERNATIONAL CLIMATE LITIGATION CHART. and non-U.S.

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Above The Law

MARCH 7, 2025

” She also pressed counsel to distinguish between different types of harms and resources diverted by organizations in a way that might affect their standing in litigation. No decision yet United States v. Her inquiries aim to clarify the laws structure, urging a closer examination of its effects on different groups.

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SCOTUSBlog

MAY 24, 2024

Last year, Tennessee and Kentucky were among a group of more than 20 states that enacted laws that prohibit giving transgender youths under the age of 18 medical treatment to align their appearance with their gender identity. The Biden administration intervened on the challengers’ side in the Tennessee case. Skrmetti , L.

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ClimateChange-ClimateLaw

APRIL 9, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. s consumer protection statute. By Margaret Barry and Korey Silverman-Koati. and non-U.S.

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