The Los Angeles Times reports that a new trial has been ordered in an Orange County medical malpractice after the winning lawyer posted an online celebration video saying the case involved “a guy who was probably negligently killed but we kind of made it look like other people did it.” [The video…
Judge Aleta Trauger has ruled that, given a recent decision of the Sixth Circuit Court of Appeals looking at Michigan law, “it is clear that the presuit notice requirement set forth in Tenn. Code Ann. § 29-26-121(a)(1) and the certificate of good faith requirement in Tenn. Code Ann. § 29-26-122(a) conflict with…
BirdDog Law is the leading resource center for Tennessee trial lawyers and paralegals. Among the free information included on the site is 95 databases, one for each county in Tennessee, which contain information about the court system in each county. In addition to information about court clerks, local rules, local…
The Tennessee Supreme Court has agreed to review two new cases, Commercial Painting Company Inc. v. The Weitz Company LLC, and Welch v. Oaktree Health and Rehabilitation Center LLC D/B/A Christian Care Centers of Memphis. Commercial Painting addresses the applicable of the economic loss doctrine in a construction project and an…
Only a few days remain for the opportunity to register for the Fundamentals of Civil Litigation in Tennessee seminar! This is a two-day program designed to help new lawyers grasp practical matters of civil litigation. In addition to hearing lectures on many substantive and procedural aspects of Tennessee civil litigation,…
Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. In Costner v. Maryville-Alcoa-Blount County Parks & Recreation Commission, No. E2021-00189-COA-R3-CV,…
In a recent HCLA case, the Court of Appeals affirmed the trial court’s denial of defendant’s motion to compel arbitration, agreeing that the arbitration agreement was an unenforceable contract of adhesion. In Stancil v. Dominion Crossville, LLC, No. E2021-01378-COA-R3-CV (Tenn. Ct. App. July 29, 2022), plaintiff filed an HCLA claim…
Where plaintiffs could have discovered in October 2009 that funds had been transferred out of an account payable to them upon decedent’s death and into an account payable to defendant, the conversion claim filed in 2019 was time-barred. In Kidd v. Lewis, No. E2021-01156-COA-R3-CV, 2022 WL 2866006 (Tenn. Ct. App.…
Where a premises liability plaintiff tripped when her shoe heel went into a small divot in an outdoor stairway that was “mere centimeters thick,” summary judgment for defendant was affirmed on the basis that the divot “amounted to a minor aberration and…the defendants did not owe her a duty of…
Where defendant shared truthful information that was a matter of public record “concerning a matter of public significance,” summary judgment on plaintiffs’ claims for intentional and/or negligent infliction of emotional distress and invasion of privacy was affirmed. In Adreacchio v. Hamilton, No. M2021-01021-COA-R3-CV, 2022 WL 2718659 (Tenn. Ct. App. July…