Where a trial court’s judgment did not include a finding of joint-and-several liability, a defendant against whom a judgment was entered could not be credited with payments made by another defendant or by a non-party. In Gerrish & McCreary, P.C. v. Lane, No. W2022-01441-COA-R3-CV (Tenn. Ct. App. Dec. 5, 2023),…
There are seven tort cases pending before the Tennessee Supreme Court. Here is a list of the cases and the summary of the holding of the Tennessee Court of Appeals (if applicable) in each case: Style: Williams v. Smyrna Residential, LLC et al. TSC Docket Number: M2021-00927-SC-R11-CV Court of Appeals Opinion:…
A disabled person’s conservator had the authority to enter into a consent agreement releasing the person’s HCLA claims against a doctor without approval from the probate court. In Hamilton v. Methodist Healthcare Memphis Hospitals, No. W2022-00054-COA-R3-CV (Tenn. Ct. App. Oct. 16, 2023), plaintiff filed an HCLA suit as conservator on…
A Tennessee plaintiff asserting a claim for invasion of privacy based on intrusion upon seclusion was not required to show actual damages, as actual damages are not an essential element of an intrusion upon seclusion claim. In Jones v. Life Care Centers of America d/b/a Life Care Center of Tullahoma,…
My newest article, “Gender-Affirming Care Creates Tort Liability,” as published in the Tennessee Bar Journal.
One thing you can do to become a great trial lawyer is to listen to great trial lawyers speak about the profession. The American College of Trial Lawyers has a podcast that does just that. The podcast will be starting its sixth season this summer, but there are over 20…
Where plaintiff alleged that her son’s body was buried in the wrong place within a cemetery and brought several claims, including negligent mishandling of a dead human body, against defendant funeral home, summary judgment for the funeral home was affirmed based on the finding that the funeral home “had no…
I strongly encourage you to add “Trial Tested” to your list of podcasts. “Trial Tested” is a podcast sponsored by the American College of Trial Lawyers. It “presents enlightening discussions about life and law through interviews with prominent trial lawyers and significant figures in the world of trial law.” The…
As 2022 comes to a close, here is a brief summary of the cases pending before the Tennessee Supreme Court. There are twenty civil cases pending before the Court. The “oldest” pending cases (calculated from the date of oral argument) are Gardner and Ultsch – both cases were argued April 6, 2022. Review…
When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.” In Laferney v. Livesay, No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. Ct. App. Oct. 25, 2022), plaintiff…