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. Anyone litigating a case where the Public Duty Doctrine might be an issue would be wise to read this opinion and be aware of the multiple other cases it cites. In Kimble v.

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Day on Torts

MARCH 12, 2021

Plaintiff “point[ed] to various other billing entries and miscellaneous facts in an attempt to portray [defendant] as dishonest,” as plaintiff asserted that defendant had “made poor decisions while representing him in the divorce case” and had been involved in other litigation. internal citation omitted). Inman , 974 S.W.2d 2d 689 (Tenn.

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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. A tort action for intentional infliction of emotional distress is likely to fail. The next scary moment is likely to be in the form of a torts complaint.

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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

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

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

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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Personal Injury Tort Cause of Action Litigation 59

Day on Torts

APRIL 21, 2022

Deeming [plaintiff] a foreseeable RIED plaintiff under these circumstances would expand the universe of potential plaintiffs in such cases far beyond the appropriate scope of the tort. This case is an important read for anyone litigating an emotional distress claim based on an injury to a third person. internal citations omitted).

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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.” In Haynes v.

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Tort Cause of Action Court Statute 59

JonathanTurley

NOVEMBER 28, 2022

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). Past tort cases generally have favored celebrities and resulted in rulings like White v.

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Court Tort Felony Litigating 53

SCOTUSBlog

JULY 1, 2021

Tennessee , 22 Orig. 143 , involving a long-running dispute between those two states (and Memphis, Tennessee) over the apportionment of groundwater. In government-facing litigation, the government’s petition in Becerra v. We finish with good old private litigation. CVS Pharmacy Inc. Pivotal Software v. Tran , 20-1541.

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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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Tort Litigation Litigating Construction 58

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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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. Three environmental organizations filed a lawsuit in federal district court for the Western District of Tennessee challenging the U.S.

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