Where an HCLA certificate of good faith filed with the Claims Commission named the wrong defendants, dismissal should have been granted. In Gilbert v. State, No. E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. Ct. App. April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as…
Where a landlord had told a tenant to immediately remove a pit bull who had bitten someone, had no notice that the pit bull had returned, and had given the tenant 30-day notice of eviction after the first biting incident, the landlord did not breach any duty owed to the…
My newest article, ” A New Arrow in the Quiver to Fight Revenge Porn,” has been published in the May/June edition of Tennessee Bar Journal. An excerpt: Now, a new federal law effective October 1, 2022, expands the rights of revenge porn victims and certain others by creating a federal cause…
Where plaintiff alleged that an investigator recklessly failed to investigate criminal threats made by her husband, despite the husband having a known history of violence, dismissal based on the GTLA was vacated. In Haynes v. Perry County, Tennessee, No. M2020-01448-COA-R3-CV, 2022 WL 1210462 (Tenn. Ct. App. April 25, 2022), plaintiff…
Where the person who executed an arbitration agreement in connection with decedent’s admission to a nursing home had a power of attorney for decedent, but that power of attorney did not mention the ability to make health care decisions, the arbitration agreement was unenforceable. Further, decedent’s wrongful death beneficiaries would…
There are eighteen civil and ten criminal cases pending before the Tennessee Supreme Court. Do you know which cases will impact your current and future clients? “Pending Cases Before the Tennessee Supreme Court” is our e-book which contains a list of, and important information about, every case accepted for review…
Where the school secretary sued the employer of a school bus driver for reckless infliction of emotional distress after the driver caused a school bus accident killing six children, and the secretary alleged that the employer ignored multiple warnings regarding the driver’s unsafe practices, the Court of Appeals ruled that…
A new decision of the Tennessee Court of Appeals, Southern Steel & Concrete, Inc. v. Southern Steel & Construction, Inc., No. W2020-00475-COA-R3-CV (Tenn. Ct. App. Apr. 14, 2022), summarizes Tennessee’s law on alter ego issues. Here is some key language from the opinion (all of the language in bold is quoted…
A provision of the GTLA allowing for the recovery of attorney’s fees by a governmental employee who was the prevailing party in a GTLA suit was constitutional and did not deprive plaintiff of her right to access the courts. In Taylor v. Miriam’s Promise, No. M2020-01509-COA-R3-CV, 2022 WL 1040371 (Tenn.…
Where plaintiff had previously gotten a default judgment as to defendant’s liability in a car accident case, and plaintiff had subsequently filed an amended complaint seeking increased damages but defendant was not served with the amended complaint, the Court of Appeals affirmed the ruling that the judgment based on the…