Last week, the Tennessee Supreme Court agreed to hear two new cases. One is a tort case. Kenneth J. Mynatt v. National Treasury Employees Union, Chapter 39 addresses the torts of malicious prosecution and civil conspiracy. The other, City of Knoxville, Tennessee v. Netflix, Inc., addresses the the right to regulate…
BirdDog Law, the new leading resource center for Tennessee trial lawyer s and judges, now has free access to a user-friendly version of the Tennessee Rules of Criminal Procedure. Access the rules from your desktop, notebook, tablet or cell phone 24/7 anywhere you have access to the internet. BirdDog Law…
Where plaintiff wife failed to give written notice of her loss of consortium claim against the State of Tennessee to the Division of Claims and Risk Management, dismissal of her claim was affirmed, despite the fact that her complaint was filed with the Claims Commission within the statute of limitations.…
Where a company had properly rejected uninsured motorist coverage for its fleet of vehicles in 2002, and the company submitted standard information for its 2011 policy renewal, the 2002 rejection remained in effect and uninsured motorist coverage was not part of the company’s automobile insurance policy. In Hughes v. The…
The Tennessee Supreme Court reviews very few cases in a given year. In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. (These are the cases where the Court has the discretion whether…
The parties in Djeneba Sidibe et al. v. Sutter Health, Case No. 3:12-cv-04854-LB, a civil antitrust case in federal court in San Francisco, are in a dispute over whether a case ready for trial should be tried virtually. Plaintiff seeks an immediate virtual trial. Defendant opposes it. The joint submission…
Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was…
Tennessee wrongful death lawyers may wish to read my newest article in the Tennessee Bar Journal, “”Wrongful Death of a Zygote?” The article discusses a recent important change to Tennessee wrongful death law.
Where plaintiff had no evidence that defendant took any action that contributed to him being knocked off a ladder while nailing a board to a window, summary judgment for defendant was affirmed. In Malone v. Viele, No. E2021-00637-COA-R3-CV (Tenn. Ct. App. Dec. 27, 2021), plaintiff and defendant were friends who…
Where a child was removed from his parents’ custody by the Department of Children’s Services (DCS) and placed in a home that DCS’s own investigation had found to be unsafe, and the child later died while in that home, the Claims Commission had subject matter jurisdiction of the parents’ negligence…