Where a plaintiff filed a personal injury action against the personal representative of the estate of the deceased tortfeasor, but the estate had already been closed and the statute of limitations had run by the time the plaintiff sought to extend the time to file correctly, dismissal based on untimeliness…
Every Tennessean noticed a decline in motor vehicle traffic in the the month of April 2020. The reduced number of vehicles on the roads showed up in the death rate on the state’s highways. In 2019, 88 people died on Tennessee highways during the month of April. In April 2020,…
Where a plaintiff who had been convicted of multiple violent crimes filed a defamation claim asserting that a reporter damaged his reputation by stating in a written article that the FBI suspected he might have murdered his girlfriend, the Court of Appeals affirmed dismissal based on the theory that the…
The Texas Supreme Court has reversed the imposition of sanctions by a trial judge against a lawyer who was alleged to have engaged in push-polling in a case shortly before it was set for trial by jury. The movants argued that a law firm employed by defendant product manufacturer “had…
Plaintiff’s allegation that the examination table provided during a doctor’s appointment was unsafe fell under the Health Care Liability Act (HCLA) and was thus subject to dismissal due to plaintiff’s failure to provide pre-suit notice. In Johnson v. Knoxville HMA Cardiology PPM, LLC, No. E2019-00818-COA-R3-CV (Tenn. Ct. App. Mar. 24,…
Where an HCLA plaintiff sought to add a nurse practitioner’s supervising doctor and employer more than three years after the negligent act occurred, and plaintiff could not show that the new defendants were “aware of the wrong,” plaintiff could not prove the fraudulent concealment exception to the HCLA statute of…
Where plaintiff presented a statement of undisputed material facts that called into question the check cashing policies of defendant, but that statement of facts was ignored by the trial court in granting summary judgment for defendant, summary judgment was reversed. In Great American Insurance Company v. Pilot Travel Centers, LLC,…
When a person allegedly liable for the injury of a claimant “offers the limits of all liability insurance policies available to the party,” the Uninsured Motorist (UIM) statute provides an avenue through which the claimant may accept the offer but also “preserve the right to seek additional compensation from his…
Tennessee’s Governor has issued Executive Order 26, which permits the remote notarization and witnessing of documents. The Executive Order outlines the procedure that must be followed for the remote notarization to be effective. The Order is effective today but expires on May 18, 2020.
Under what circumstances can a product manufacturer be hauled into state court to defend a products liability claim when the injury occurred in that state ? Or, as put by Ford Motor Company in Ford Motor Company v. Montana Eighth Judicial District Court: Whether the “arise out of or relate…