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Day on Torts

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Summary judgment vacated where trial court order failed to give reasons for decision

  Where the trial court did not provide sufficient reasoning in support of its dismissal of plaintiffs’ various HCLA and informed consent claims, summary judgment for defendants was vacated. In Boyd v. Gibson, No. W2020-01305-COA-R3-CV, 2022 WL 95167 (Tenn. Ct. App. Jan. 10, 2022), plaintiff had been treated by defendant…

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Denial of motion to name correct defendant affirmed due to delay and lack of diligence

Where plaintiff named the wrong defendant in a Tennessee premises liability suit, was informed that the named defendant did not own the property three weeks after the complaint was filed, but failed to take any corrective action for more than four months when she filed a “Motion to Correct Misnomer”…

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Tennessee Supreme Court to Hear Two New Cases

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…

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BirdDog Law Now Has Free Access to Tennessee Rules of Criminal Procedure

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…

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Filing complaint with Tennessee Claims Commission did not satisfy requirement to give written notice to Division of Claims and Risk Management.

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.…

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Previous rejection of uninsured motorist coverage remained in affect after policy renewal.

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…

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How To Determine What Cases Are Pending Before the Tennessee Supreme Court

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…

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Collection of Case Law on the Issue of Whether a Civil Trial Should be Conducted Virtually

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…

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Legal Malpractice Claim Filed More than One Year after BPR Complaint was Untimely.

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…

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