Where plaintiffs filed tort claims related to a car accident, and those tort claims were not compulsory counterclaims in a previous action filed by defendant against plaintiffs based on the same accident, the ruling that plaintiffs’ claims were barred by the doctrine of res judicata was reversed. In Albers v.…
Where defendant attorneys filed an affidavit stating that they had complied with the applicable standard of care, and plaintiff failed to respond with any expert evidence contradicting this affidavit in support of his legal malpractice claim, summary judgment was affirmed. In Grose v. Kustoff, No. W2021-00427-COA-R3-CV, 2022 WL 2347798 (Tenn.…
A lawyer who surreptitiously helped his client during a remote deposition was sanctioned by the court. The lawyer was disqualified from the case and the plaintiff will be permitted to the right to play and highlight to the jury the recorded exchanges of [lawyer’s] witness-leading comments . . . .” …
The Law Offices of John Day, P.C. is pleased to announce that we’re back with our 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…
On July 1, 2022 there are changes to the rules of civil procedure, evidence, appellate procedure, and criminal procedure. Click on the link to see the court order setting forth the changes. BirdDog Law offers free access to the rules, available 24/7/365 on your desktop, notebook, or phone. The rules…
Yesterday the Tennessee Supreme Court remanded a Davidson County Chancery Court case to the trial court to determine the amount of fees that should be awarded after a successful motion to dismiss for failure to state a claim upon which relief may be granted. The statute at issue is Tenn.…
Where plaintiff’s complaint asserting a claim for conversion alleged that she was the lessee of a vehicle, she failed to “establish the required element that [defendant’s] retaking of the automobile was in ‘defiance of the true owner’s rights to the chattel,’” and dismissal was affirmed. (internal citation omitted). In Meade…
Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. Further, dismissal of plaintiffs’ claim for negligent infliction…
Readers know that we have launched BirdDog Law, a website for Tennessee lawyers and paralegals that (a) hosts three of my books and makes them available by subscription on a monthly or annual basis; and (b) provides a large number of free resources to help lawyers more efficiently serve their…
Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” Denial of the State’s motion…