Where defendant had filed both a TPPA petition to dismiss and a motion for summary judgment, plaintiff was not allowed to voluntarily dismiss the action against that defendant. In Garramone v. Dugger, No. M2023-00677-COA-R3-CV (Tenn. Ct. App. Nov. 25, 2024), plaintiff filed a false light invasion of privacy claim against…
On Wednesday, December 4, 2025, the Tennessee Supreme Court heard an oral argument about the ability of a plaintiff to discover surveillance films a defendant took. Here is how the Court described the background of the case: Plaintiffs/Appellants Teresa and Randy Locke filed a health care liability action alleging that…
Where the trial court dismissed plaintiff’s claims against her uninsured motorist insurance carrier without stating any reason for the dismissal, the dismissal was vacated. In Saulsberry v. Shannon, No. W2023-00532-COA-R3-CV (Tenn. Ct. App. Nov. 18, 2024) (memorandum opinion), the plaintiff filed suit against several defendants in connection with a car…
The Tennessee Supreme Court has affirmed that the filing of a TPPA petition to dismiss by a defendant does not bar a plaintiff from voluntarily dismissing a case. In Flade v. City of Shelbyville, — S.W.3d —, No. M2022-00553-SC-R11-CV (Tenn. Oct. 9, 2024), plaintiff filed suit against several defendants asserting…
A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. In Abdou v. Brown, No. 2023-01593-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass.…
Where a premises liability defendant failed to file an answer and first participated in the case seven years after it was commenced, denial of his motion to set aside the default judgment was affirmed. In Crutcher v. Ellis, No. M2023-00283-COA-R3-CV (Tenn. Ct. App. June 4, 2024), plaintiff was shot at…
Plaintiffs’ claim for tortious interference with a business relationship based on an email written by defendant abated upon defendant’s death. In Stockdale v. Helper, No. M2022-00846-COA-R3-CV (Tenn. Ct. App. May 8, 2024), plaintiffs worked as employees of a police department. After a department investigation, defendant District Attorney wrote an email…
When a process server gave the HCLA summons and complaint to a hospital employee, insufficient service resulted in dismissal of the case. In Roberts v. Hinkle, No. W2022-01714-COA-R3-CV (Tenn. Ct. App. April 9, 2024), plaintiff filed an HCLA suit against defendant doctor related to an allegedly negligent surgery. Defendant raised the…
Where defendant in a negligence and premises liability case filed a motion for summary judgment just three days after filing her answer, and the trial court denied plaintiff’s motion for additional time to conduct discovery and granted summary judgment to defendant, that ruling was vacated on appeal. In Graves v.…
Where defendants filed a motion to dismiss under the TPPA and plaintiff thereafter filed a voluntary dismissal of one of the defendants, but the trial court denied the voluntary dismissal, defendants did not have the right to automatically appeal the voluntary dismissal denial under the TPPA, as the TPPA…