Here are the civil cases set for oral argument in Nashville on February 4 and 5, 2015: The Chattanooga-Hamilton Co. Hospital Authority d/b/a Erlanger Health Systems v. United Healthcare Plan of the River Valley, Inc. d/b/a Americhoice and TN Attorney General – Erlanger Hospital in Chattanooga filed suit against Americhoice…
The most recent version of my book, Compendium of Tort Reform Statutes and Related Case Law, 2008-2014, is now available. The book includes tort reform statutes enacted by the Tennessee General Assembly in the period indicated and reference to the appellate court decisions to-date that have interpreted those laws;…
In Bilbo v. Ocoee Place Condominium Homeowners Ass’n, No. E2013-02532-COA-R3-CV (Tenn. Ct. App. Dec. 12, 2014), plaintiffs filed suit alleging negligent construction of condos. Defendant HOA filed a motion for summary judgment stating that it did not own the property the condos were built on and that the HOA had…
In Tennessee, trial judges are allowed to convert Rule 12 Motions to Dismiss into Motions for Summary Judgment, but this action “should be taken only in rare cases and with meticulous care.” Thomas v. Transp. Ins. Co., 532 S.W.2d 266 (Tenn. 1976). The Court of…
The recent Tennessee Court of Appeals opinion n Davis v. Covenant Presbyterian Church discussed a host of issues. What is Required to Properly Allege Vicarious Liability? The Court of Appeals affirmed dismissal of vicarious liability claims against two religious organizations (one unincorporated and one a nonprofit corporation). The plaintiffs’ allegations against…
My newest book, Tennessee Law of Civil Trial, examines the law of trying civil cases in Tennessee state courts. Here is the Table of Contents: Chapter 1: Scheduling Orders Chapter 2: Final Pretrial Conferences Chapter 3: Motions in Limine Chapter 4: Jury Selection Chapter 5: The Rule Chapter 6: Opening…
Tennessee Law of Civil Trial has been printed and is now available for purchase. The 500+ page book is largely a discussion of the law of trying civil cases in Tennessee – the law of scheduling orders, pretrial conferences, jury selection, opening statement and closing arguments, use of depositions…
Mr. Fleming needed medical forms completed for his workers’ compensation case. He submitted the forms to the defendants but after “20 or more days” he had still not received the completed forms and his phone calls were not being returned. Consequently, a frustrated Mr. Fleming filed a civil warrant in Shelby…
My newest book, Tennessee Law of Civil Trial, will be released on July 1, 2014 and may be ordered now for July 1 delivery. The book consists of 500+ pages of the law of civil trial in Tennessee, covering the law of scheduling orders to the law of motions for…
In Tennessee, the essential elements of a malicious prosecution claim are (1) the defendant filed suit or instituted a judicial proceeding without probable cause, (2) the defendant brought the action with malice, and (3) the prior action was finally terminated in the plaintiff’s favor. If the judgment in the prior…