:
Updated:
Motion to Amend Must Be Considered Before Hearing Motion to Dismiss
:
Updated:
Certificates of Good Faith and Voluntary Dismissals Pending a Motion
:
Updated:
Exclusion of Expert Witness Partially Overturned
:
Updated:
Assertion of the Fifth Amendment Privilege in Wrongful Death Cases
:
Updated:
Certificate of Good Faith Required for Negligent Supervision Claim
:
Updated:
No Evidence From Plaintiffs Leads to Summary Judgment for Defendant
:
Updated:
Tennessee Tort Filings and Trials – 2017-18 – Part 3
:
Updated:
Tennessee Tort Filings and Trials – 2017-18 – Part 2
:
Updated:
Tennessee Tort Filings and Trials – 2017-18 – Part 1
:
Updated:
Expert Required to Establish Case Against Water Distributor
:
Updated:
No Standard of Care Expert? No Case.
:
Updated:
Motion to Set Aside Judgment Must Show a Meritorious Defense
:
Updated:
Circuit Court Could Not Appoint Representative for Deceased Defendant
:
Updated:
Motion to Set Aside Judgment Must Show a Meritorious Defense
:
Updated:
Tennessee Supreme Court Defines Factors For Enforcing Exculpatory Agreements
:
Updated:
Summary Judgment on Negligence Claim Overturned
:
Updated:
No Fraud Claim Where Inspection Revealed Possible Water Issues
:
Updated:
No Fault for Plaintiff Affirmed
:
Updated:
Legal Malpractice Statute of Limitations Applied to Real Property Closing
:
Updated:
Affirmative Defenses Not Waived By One-Day Delay of Answer
:
Updated:
Agritourism Statute Provides Immunity from Liability but Allows Fault Allocation
:
Updated:
Non-Compliant HIPAA Release Prejudiced Only One Defendant
:
Updated:
No Evidence From Plaintiff = Summary Judgment for Defendant
:
Updated:
“Rebuttal” Evidence Properly Excluded
:
Updated:
Res Ipsa Loquitor and Medical Malpractice Claims
:
Updated:
“Extraordinary Cause” Under HCLA Notice Statute
:
Updated:
White Paper: Attorney – Client Privilege
:
Updated:
Apartment Owner Has No Duty to Protect From Attacks Off Its Property
:
Updated:
Discovery Rule Applied in Murder-Suicide Case – Claim Barred
:
Updated:
Appellate Court Court Reverses Summary Judgment – Jury Issue on Discovery Rule
:
Updated:
Refusal to Give Requested Jury Instructions Was Not Error
:
Updated:
Are Personal Injury and Wrongful Death Awards Subject to Federal Income Tax?
:
Updated:
No Response to Statement of Undisputed Material Facts Results in Loss
:
Updated:
Injury Plaintiff Indispensable Party in Insurer / Insured Dispute
:
Updated:
No Duty to Help Plaintiff With Service of Process
:
Updated:
“Discovery Rule” Analyzed in Cancer Treatment Case
:
Updated:
Plaintiff’s Past Medical Records Should Have Be Allowed as Evidence
:
Updated:
No Attorney’s Fee Award Permitted in Trespass Case
:
Updated:
What To Do When the Tortfeasor Dies Before Suit is Filed
:
Updated:
“Scope of Employment” and the Tennessee GTLA
:
Updated:
County Immune From Liability for Injury on Inmate Work Program
:
Updated:
Court Requires Production of Pre-suit Expert Statement Supporting Certificate of Good Faith
:
Updated:
Nuisance and Trespass Claims Dismissed
:
Updated:
Denial of Motion to Revise (Alter or Amend) Reversed
:
Updated:
Final Order of Dismissal Cannot Be Re-Litigated in Second Suit
:
Updated:
Local Practice Does Not Relieve Obligation to Provide Complete Medical Authorization
:
Updated:
Summary Judgment Reversed Given Conflicting Testimony in Premises Case
:
Updated:
Wet Floor Signs Not Enough to Avoid Liability for Slip-and-Fall
:
Updated:
Negligence Claim Preempted by Tennessee UCC
:
Updated:
Acknowledgement Letter Does Not Establish HCLA Pre-Suit Notice
:
Updated:
One Million Dollar Additur Determined to Destroy Verdict
:
Updated:
Deficient HIPAA Authorization Not Grounds for Dismissal
:
Updated:
No Liability When Customer Broke Chair
:
Updated:
“Excusable Neglect” As A Grounds For Extending Time for Service of Process
:
Updated:
Judicial Estoppel Doctrine Bars Legal Malpractice Claim
:
Updated:
Loss of Evidence Destroys Plaintiff’s Case
:
Updated:
Conflicting Information Lighting Means No Summary Judgment
:
Updated:
Sanctions Ordered For Failure to Comply With Rule 35 Order
:
Updated:
No Claims Commission Jurisdiction Over Medical School Dismissal
:
Updated:
Police Dog Exception to the Tennessee Dog Bite Statute
:
Updated:
Products Liability Statute of Repose Bars Claim
:
Updated:
Elements of Tennessee Claim for Defamation by Implication
:
Updated:
Statute of Limitations for Property Damage Claims
:
Updated:
Failure to Warn Claim Against Drug Manufacturer Rejected
:
Updated:
Intentional Infliction of Emotional Distress Claim Barred by Worker’s Compensation Claim
:
Updated:
Invasion of Privacy, Emotional Distress and Misrepresentation Claims Dismissed
:
Updated:
Wisconsin Supreme Court Upholds Damage Caps in Medical Malpractice Cases
:
Updated:
Duty of Care Exists Even in Dangerous Sporting Activities
:
Updated:
Real Property Damages Are Generally Repair Costs
:
Updated:
Noncompliant HIPAA Form Derails Plaintiffs’ Claims
:
Updated:
Fall-From-Ladder Case Falls Short
:
Updated:
Who Has the Right to Bring Suit in a Tennessee Wrongful Death Case?
:
Updated:
Comparative Fault in Tennessee Wrongful Death Cases
:
Updated:
“Open and Obvious” Defect Not Necessarily a Bar to Recovery
:
Updated:
Dedmon Rule Applies In Tennessee Claims Commission
:
Updated:
Expert Needed in Legal Malpractice Case
:
Updated:
No Notice of Dangerous Condition Bars Fall-Down Case
:
Updated:
Plaintiff Fails to Prove City Owned or Operated Drainage Pipe
:
Updated:
Release in Probate Court Barred Later Claims Against Uninsured Motorist Insurer
:
Updated:
Typed Signature Qualifies as “Signature” for Rule 11 Purposes
:
Updated:
Tenant Locked Out of Office Entitled to Conversion Damages
:
Updated:
Discovery Rule Applied in Tennessee Health Care Liability Act Case
:
Updated:
New-Added Defendant Loses Effort at Early Dismissal of Action
:
Updated:
Improper Notice Under TCA § 29-26-121 – The Savings Statute Does Not Save Case
:
Updated:
TCA Sec. 20-1-119 Applied to Save Case Against Previously Dismissed Defendant
:
Updated:
Door That Opened Into Lobby – Not Defective Condition
:
Updated:
What Happens When Defendant Dies Before Suit is Filed?
:
Updated:
Assault Claim in Health Care Facility
:
Updated:
Contractual Indemnity Claim Not Subject to HCLA
:
Updated:
Primary Cause of Medical Malpractice? Failure to Properly Diagnose
:
Updated:
Waiver of Attorney-Client Privilege
:
Updated:
ACTL White Paper on Attorney-Client Privilege
:
Updated:
Punitive Damages Award Vacated – Trial Court Found Not to Have Weighed Factors
:
Updated:
Rule 60.02 Motion Denied As Untimely
:
Updated:
Handshake “Assault” May Not Fall Under Health Care Liability Act
:
Updated:
Summary Judgment Vacated Due to Undecided Motion to Amend
:
Updated:
Tenant Salon Had No Duty to Clear Ice from Parking Lot
:
Updated:
Sixteen-Year-Old Misrepresentation Claim Time-Barred
:
Updated:
Home Inspector Owes No Duty to Guest of Homebuyer
:
Updated:
Radiologist Found to be Apparent Agent of Hospital
:
Updated:
Nursing Home Arbitration Agreement Not Enforced
:
Updated:
Facebook Post Ruled Not Defamatory
:
Updated:
Medical Malpractice Defense Verdict Affirmed
:
Updated:
Court Rejects Assertion that Video of Crash Determined Fault Allocation as a Matter of Law
:
Updated:
Nurse Not Competent to Give Causation Testimony in Medical Malpractice Case
:
Updated:
Malicious Prosecution Claims – Statute of Limitations
:
Updated:
Time Runs Under Statute of Limitations Only If There is a Person Who Can File Suit
:
Updated:
Deadline for Filing Suit Not Extended Due to Temporary Guardianship
:
Updated:
Failure to Identify Specific Physician Fatal to HCLA Case
:
Updated:
Expert Causation Testimony Required in Legal Malpractice Case
:
Updated:
Dismissal of Fraud Case Overturned
:
Updated:
UM Carrier Obtains Dismissal Because of Failure to Obtain Service on Driver
:
Updated:
Negligent Weapon Storage and Failure to Prevent Suicide
:
Updated:
Pro Se Suit Against Local Government Time-Barred
:
Updated:
Cup of Hot Coffee to Burns Patient
:
Updated:
Sudden Emergency Instruction Error in Medical Malpractice Case
:
Updated:
Another Slip and Fall Case Hits the Floor
:
Updated:
Plaintiff’s Expert Testimony on Causation Deemed Too Speculative
:
Updated:
Pro Se Wrongful Death Complaint Survives Challenge
:
Updated:
Rape Victim Not Limited to Workers’ Compensation Claim
:
Updated:
Tennessee Landlord Liable When Light Fixture Fell
:
Updated:
Confinement to Prison Isn’t “Extraordinary Cause”
:
Updated:
Med Mal Notice Statute and Governmental Entities
:
Updated:
Default Judgment in Injury Case Requires Hearing on Damages
:
Updated:
Fall-Down Case Goes to Jury
:
Updated:
Exculpatory Provision Enforced in Transportation Agreement
:
Updated:
No Invasion of Privacy When Information Was Already Public
:
Updated:
Negligent Supervision Allowed Under Tennessee Claims Commission Act
:
Updated:
Battery Claim Proceeds In Absence of Significant Injury
:
Updated:
Tennessee Court Explains Duty to Supplement Discovery and Expert Testimony
:
Updated:
More on Pre-SuitNotice, HIPAA, in Tennessee Medical Malpractice Cases
:
Updated:
Case Dismissed Given Deficient Expert Testimony
:
Updated:
Tennessee Uninsured Motorist Claims Subject to Six-Year Statute of Limitations
:
Updated:
Liability of Tennessee for Inmate-on-Inmate Attacks
:
Updated:
No HIPAA Form Required in Single Defendant HCLA Case
:
Updated:
Inmate Injured on Work Detail – Recovery Limited to Medical Expenses
:
Updated:
Court of Appeals Discusses Tennessee Car Accident Damages
:
Updated:
No Negligent Misrepresentation Claim Based on Future Event
:
Updated:
Application of Tennessee Savings Statute When Initial Filing Deadline Missed
:
Updated:
Nuisance, Invasion of Privacy, IIED, and Chickens
:
Updated:
Mothers, Minors and Medical Bills
:
Updated:
Special Duty Doctrine Applied Against 911 Agency in Suicide Case
:
Updated:
Failure to Include Causation Evidence Ends Malpractice Case
:
Updated:
Negligent Infliction of Emotional Distress Claim Against Hospital Goes to Jury
:
Updated:
Serving Rule 11 Motion on Opposing Counsel Not Considered “Process” for Abuse of Process Claim
:
Updated:
Fraudulent Misrepresentation Case Falls Short
:
Updated:
Statute of Limitations Bars Mother’s Claim Against Health Care Provider
:
Updated:
$3 Million Dollar Verdict Vacated Due to Defective Verdict Form
:
Updated:
No HIPAA Form Required in Single Defendant Medical Negligence Case
:
Updated:
Slander Subject to Six-Month Statute of Limitations
:
Updated:
Jury Verdict For Defendant Affirmed in Brentwood Car Wreck Case
:
Updated:
Forum Non Conveniens in Tennessee Personal Injury Cases
:
Updated:
No Expert Needed Where EMT Allegedly Punched Patient
:
Updated:
Claims of “Beatings” By Medical Personnel Not Subject to Tennessee HCLA
:
Updated:
Case Remanded For Entry of Order that States Reasons for Ruling
:
Updated:
61% Remittitur Affirmed in Tennessee Injury Case
:
Updated:
No Proof of Causation where Cause of Fire Not Identified
:
Updated:
County Not Responsible for Suicide of Recently Released Inmate
:
Updated:
Testimony on Whether Doctor “Did Her Best” Excluded in Medical Malpractice Case
:
Updated:
No Emotional Distress Claim Based on Negligent Destruction of Property
:
Updated:
Tennessee COA Reverses Order – Too Similar to that Drafted by Winning Party
:
Updated:
Enforcing Tennessee Settlement Agreements in Injury Cases
:
Updated:
Employer Liability for Criminal Acts of Employees
:
Updated:
Tennessee Court Studies Independent Contractor Rules
:
Updated:
Court Finds Exit Ramp Roadway Meets Safety Standards
:
Updated:
Acknowledgement Letter Used to Establish Pre-suit Notice
:
Updated:
Patient Alleging Rape at Hospital – Pre-suit Notice Not Required
:
Updated:
No Defect Arises By Decorating Handrail
:
Updated:
It Takes Evidence to Defeat A Motion for Summary Judgment
:
Updated:
The Latest Intentional Interference with Business Relationships Decision
:
Updated:
Amount of Attorneys’ Fees Awarded as Sanction Must be Causally Related to Misconduct
:
Updated:
No Negligence in Porch Collapse During Party
:
Updated:
No Misrepresentation where Plaintiffs Had Access to Information
:
Updated:
Summary Judgment Vacated When Order Failed to State Reason for Decision
:
Updated:
Statute Regarding Community Supervision of Sex Offenders Did Not Confer Private Right of Action
:
Updated:
Fitness Facility Had No Duty to Use AED on Injured Patron
:
Updated:
Tennessee Personal Injury and Wrongful Death Trial Statistics 2015-16
:
Updated:
Tennessee Slip and Fall Case Fails Without Proof of Causation
:
Updated:
HCLA (Medical Malpractice) Claim Dismissed – Notice Insufficient
:
Updated:
Medical Malpractice Claims Declining
:
Updated:
Limit on Right of Surviving Spouse to Bring Wrongful Death Claim
:
Updated:
Contractual Waivers and Medical Expense Recovery by Minors
:
Updated:
Longer Hours Ahead for Medical Residents
:
Updated:
One Year Statute of Limitations Bars Misrepresentation Claims
:
Updated:
Plaintiff’s Verdict Affirmed in Head-On Crash Caused by Police
:
Updated:
Sexual Assault in School Held Not Foreseeable
:
Updated:
Maury County Fall Down Case Falls Down. Hard.
:
Updated:
Exclusion of Expert Testimony Reversed – New Trial Ordered
:
Updated:
Tennessee’s “Rule of Sevens” Applied to Dismiss Case
:
Updated:
Sanctions Awarded Against Lawyers After Abuse of Process Case Dismissed
:
Updated:
Tennessee Slip And Fall Case Dismissed
:
Updated:
Court Orders New Trial – Jury Disregarded Expert Testimony
:
Updated:
Father Had Duty to Hold Ladder for Son During RV Exterior Cleaning
:
Updated:
Certificate of Good Faith Required When Expert Must Prove Causation
:
Updated:
Proving Damages in a Conversion Case
:
Updated:
Pro Se Plaintiff Allowed to Proceed with Part of Claim Against Chiropractor
:
Updated:
Employer Had No Duty to Prevent Employee From Leaving Store in His Own Car
:
Updated:
Article Shows Misinformation About Malpractice Litigation
:
Updated:
Blank HIPAA Form Deemed Non-Compliant by Tennessee Court
:
Updated:
Open and Obvious Danger Not Automatic Bar to Fall-Down Claim
:
Updated:
Rental Car Driven by Renter Considered an Uninsured Motor Vehicle
:
Updated:
Issue Concerning Naming Proper Defendant in Complaint
:
Updated:
Security Guards and the Independent Contractor Rule
:
Updated:
Statute of Limitations Bars Legal Malpractice Claim
:
Updated:
Notice and HIPAA Form Also Required for Re-Filed HCLA Claim
:
Updated:
Suit Against Local Government Over Sewer Issues
:
Updated:
Ex Parte Communications With Treating Physicians – TN Statute Ruled Unconstitutional
:
Updated:
Upcoming Seminar – Knoxville, Nashville and Memphis
:
Updated:
Lawyer Wisely Drops Chicken-Choking Case
:
Updated:
Tennessee Jury Verdict More Than 40 Times Medical Expenses Affirmed
:
Updated:
Nonsuit OK When Motion to Dismiss is Pending in Medical Malpractice Case
:
Updated:
Upcoming Seminar – Justice Programs
:
Updated:
Nonsuit OK When Motion to Dismiss is Pending – Even in Medical Malpractice Cases
:
Updated:
Tennessee COA Reverses Trial Judge’s Finding of Negligence
:
Updated:
Tennessee GTLA Claim Regarding Water Meter Hole Not a Premises Liability Case
:
Updated:
Supervision of Mental Patient Issue That Requires Expert Testimony
:
Updated:
Evidence of Intoxication is Not Necessarily Sufficient to Establish Liability
:
Updated:
Property Owner Can Owe a Duty to Volunteers Roofers
:
Updated:
Another Water-on-Floor Slip and Fall Falls
:
Updated:
Death of Lawyer’s Infant Son is “Extraordinary Cause” under HCLA
:
Updated:
Sudden Emergency Jury Instruction Allowed Without Comparative Fault Defense
:
Updated:
Settlement of Personal Injury Cases for Minors in Tennessee
:
Updated:
Sexual Assault in School: Duty Turns on Material Fact Dispute
:
Updated:
Snow and Ice Fall-Down Cases in Tennessee
:
Updated:
Changing Times for Personal Injury Lawyers
:
Updated:
Plaintiff Permitted to Proceed on Multiple Theories of Liability
:
Updated:
Liability of Public Hospital Where Allegations Related to Non-Employee Doctors
:
Updated:
No Tort Claim Where Plaintiff Was Found To Have Caused Her Own Loss
:
Updated:
Tennessee Legal Malpractice Statute of Limitations
:
Updated:
Reasonable Medical Expenses – Billed Amount or Negotiated Amount?
:
Updated:
Ex Parte Interviews Not Preempted by HIPAA
:
Updated:
Bench Trial Judgment for Plaintiff Reversed Due to Lack of Factual Findings
:
Updated:
Jury Verdict for Plaintiff in Tennessee Truck Accident Case Affirmed
:
Updated:
Summary Judgment Ruling Trips Up Plaintiff’s Elevator Case
:
Updated:
The “Law of The Case” and Its Exceptions – Tennessee Style
:
Updated:
Waiver Trips Up Injury Case Against YMCA
:
Updated:
Tesla’s Driverless Car Crash Raises Evidence Collection Issue
:
Updated:
Legal Malpractice – Statute of Limitations – Discovery Rule
:
Updated:
Three-Inch Step From Store to Sidewalk Not a Dangerous Condition
:
Updated:
Proof of Actual Malice in False Light Case
:
Updated:
No Reasonable Reliance in Money Washing Scheme
:
Updated:
The Court of Appeals addressed an issue of first impression regarding the interpretation of a wrongful death statute related to a surviving spouse who has outstanding child support obligations.
:
Updated:
Glass Display Case in Retail Store Not a Dangerous Condition
:
Updated:
No Causation Found For Plaintiff Injured by Dorm Fire Alarm
:
Updated:
Refusal to Strike HCLA Expert Affirmed
:
Updated:
Summary Judgment Reversed in Legal Malpractice Case
:
Updated:
Filing Notice of Claim Triggers Waiver Provision
:
Updated:
Public Duty Doctrine Gives Immunity to City When Suspect Stole Police Car
:
Updated:
Tennessee Savings Statute Fails to Preserve Claims Not Asserted in Original Filing
:
Updated:
Claims Against an Employer Can Proceed Even After Employer Admits Vicarious Liability
:
Updated:
Vehicle Photos Allowed into Evidence in Rear-End Collision Case.
:
Updated:
HCLA Statute of Limitations Issue A Jury Question
:
Updated:
2016 Day on Torts Book Supplement Available
:
Updated:
Tennessee Recreational Use Statute Strikes Again
:
Updated:
Expert’s Failure to Disclose Income As Expert – Round 3
:
Updated:
Kitchen Sink Complaint Goes Down Drain.
:
Updated:
Expert Not Needed in Wobbly Stool Case
:
Updated:
Premises Case Rejected on Summary Judgment
:
Updated:
Is a Voluntary Dismissal With Prejudice a “Favorable Termination”
:
Updated:
TRCP 16 Provides for Scheduling Orders Not Scheduling Suggestions
:
Updated:
The Verdict for Erin Andrews – What Happens Next?
:
Updated:
Property Owner Not Liable Where Another Entity Operated Clinic
:
Updated:
Trip Over Three-Inch Threshold Presents Question for Jury
:
Updated:
Data on Medical Malpractice Claims Against Anesthesiologists
:
Updated:
2014-15 Tennessee Tort Filings and Damage Awards Data
:
Updated:
Plaintiff Wins Case Involving Crash With Fire Rescue Vehicle
:
Updated:
1% of Doctors = 32% of Malpractice Claims
:
Updated:
Slip and Fall Case Dismissed WhenTestimony and Other Evidence Did Not Align
:
Updated:
Summary Judgment Affirmed Where Dog Had Never Bitten Anyone Before
:
Updated:
HCLA Claim Dismissed Where One of Eight Providers was Named on HIPAA Form
:
Updated:
Tolling Due to “Adjudicated Incompetent” Requires That There Was Judicial Intervention
:
Updated:
Tennessee Testimonial Harlot Protection Act of 2016
:
Updated:
Curb Cut for Wheelchair Ramp Held Not To Be “Dangerous Condition”
:
Updated:
Expert Rejected. Motion to Continue Rejected. Case Dismissed.
:
Updated:
HIPAA-Compliant Authorization Still Required where Defendant is only Health Care Provider at Issue
:
Updated:
Gross Negligence Affirmed where Advertisement Misrepresented Mini Storage
:
Updated:
Article in TBA Journal About Comparative Fault Issue
:
Updated:
2016 Rule Package Released
:
Updated:
Plaintiff Who Turned Left on Red 50% at Fault as Matter of Law
:
Updated:
Hotel’s Holiday Ice Slides Not a “Public Playground”
:
Updated:
Low Damage Award Set Aside by Appellate Court
:
Updated:
Merely Providing Affidavit To Employer Cannot Give Rise to Malicious Prosecution Claim
:
Updated:
Judge Must Give Basis for Summary Judgment Decision
:
Updated:
Parents Win Dismissal of Case For Allowing Minor Daughter to Drive ATV
:
Updated:
“Health Care Liability Claim” Includes Dropping Patient While Putting Her in Car
:
Updated:
On Eulogies and Obituaries
:
Updated:
Impact of Lost Product Under Tennessee Products Liabilty Law
:
Updated:
Summary Judgment Reversed in Conversion Case
:
Updated:
False Light Claim Knocked Out – No Proof of Malice
:
Updated:
Alleged Road Defect Case Rejected by Tennessee Court of Appeals
:
Updated:
Medical Malpractice Plaintiff Burned by Pre-2011 Notice Law
:
Updated:
Tennessee Supreme Court Overturns Hannan Summary Judgment Standard
:
Updated:
Circumstantial Evidence and Summary Judgment
:
Updated:
Constitutional Challenge to Damage Cap Must Award Verdict
:
Updated:
Statute Trumps Court Decision – “Ordinary” Negligence Claims Essentially Gone in Medical Malpractice Cases
:
Updated:
Tennessee Effectively Reduces Statute of Limitations in Claims Filed Against the State
:
Updated:
Defamation by Implication under Tennessee Law
:
Updated:
Yet Another Nursing Home Arbitration Case
:
Updated:
Following Established Procedure Not A Discretionary Function Under Tennessee GTLA
:
Updated:
Act Quickly To Solve Problems with Service of Process
:
Updated:
Intentional Interference With Business Relations Requires Proof of Damages
:
Updated:
Products Liability Case Given New Life By Sixth Circuit
:
Updated:
Tennessee Corporation Denied Dismissal Based on Forum Non Conveniens
:
Updated:
Summary Judgment Vacated Because Depositions Were Improperly Limited
:
Updated:
Right of Non-Primary Residential Parent to Bring Claim for Child
:
Updated:
Non-Suit Allowed to Cure Pre-Suit Notice Deficiencies
:
Updated:
Evidence of Injury Not Enough to Prove Fall-Down Case
:
Updated:
Insufficient GTLA Complaint Results in Dismissal
:
Updated:
Judgment For Plaintiff in Negligence Case Reversed on Appeal
:
Updated:
Ordinary Negligence vs. Health Care Liability; Relying on the 120-Day Statute of Limitations Extension.
:
Updated:
Puddle on Floor for Three Minutes Creates Jury Issue on Notice
:
Updated:
Not Required to Disclose Zero Prior Violations on Certificate of Good Faith
:
Updated:
Pre-Suit Notice Sent Via FedEx Substantially Complied with HCLA
:
Updated:
The Probable Cause Defense to Malicious Prosecution Claims
:
Updated:
Defect in Construction Does Not Stop Statute of Repose From Starting to Run
:
Updated:
Tennessee Medical Malpractice Decision on Reversed – Notice Issue
:
Updated:
Plaintiff Lacks Proof of Notice of Dangerous Condition – Case Dismissed
:
Updated:
Lawyer Who Cheated Sanctioned Almost $1,000,000
:
Updated:
Tennessee Certificate of Good Faith Mandate Does Not Require Disclosure of Zero Prior Violations
:
Updated:
Truck Owner Not Liable for Sister-in-Law’s Tennesssee Truck Accident
:
Updated:
Informed Consent Expert Testimony Not Limited to Risks that Actually Materialized
:
Updated:
Summary Judgment Reversed Given Evidence of Opposing Party
:
Updated:
Summary Judgment Reversed in Fall-Down Case
:
Updated:
Tennessee HCLA Case Dismissed for Non-Compliant HIPAA Form.
:
Updated:
Understanding the Discretionary Function Exception to the Tennessee GTLA
:
Updated:
GTLA Complaint Survives Motion to Dismiss
:
Updated:
Real Estate Statute of Repose Wipes Out Fire Loss Case
:
Updated:
Signing an “As Is” Agreement Negates Reliance on Alleged Misrepresentation
:
Updated:
Is Plaintiff’s Fault Percentage Applied Before or After Tort Reform Damage Cap?
:
Updated:
Tort Cases Pending Before the Tennessee Supreme Court
:
Updated:
Email Blasts and Personal Jurisdiction
:
Updated:
Tennessee Wrongful Death Law – Rights of Spouse Who Is Not in Household
:
Updated:
Expert Affidavit Does Not Satisfy Certificate of Good Faith Requirement
:
Updated:
Enforceability of Settlements Announced in Open Court
:
Updated:
Ill-Maintained Bridge Leads to Premises Liability for City
:
Updated:
Personal Injury Plaintiff Wins Summary Judgment
:
Updated:
Removal of Cases to Federal Court Before In-State Defendants Are Served
:
Updated:
Tennessee Requires Formal Notice Before Each Medical Malpractice Filing
:
Updated:
Adding Employer As Defendant More Than One Year After Incident
:
Updated:
New Local Rules in Tennessee’s 23rd Judicial District
:
Updated:
Tennessee Products Liability Claim Falls Short
:
Updated:
When Does Bad Conduct Rise to the Level of Outrageous Conduct?
:
Updated:
No Proof on Notice of Hazard Results in Dismissal of Case
:
Updated:
Sponge Case Falls Under HCLA Not Ordinary Negligence
:
Updated:
Sandy Hook Parents Sue Mother of Murderer
:
Updated:
Trial Court Cannot Impose Additional Limitations on Ex Parte Interviews in Healthcare Liability Cases.
:
Updated:
Upcoming Civil Case Arguments at the Tennessee Supreme Court
:
Updated:
Court of Appeals Rules that 120-Day Extension Applies to HCLA Cases Filed under Saving Statute.
:
Updated:
Juror Interview in Vanderbilt Rape Trial Offers Good Practice Reminders
:
Updated:
Punitive Damages Affirmed in Tennessee Fraud Case
:
Updated:
Tennessee Supreme Court Oral Arguments Scheduled
:
Updated:
Tennessee Law of Voir Dire
:
Updated:
Suing Vaccine Cynic Parents and Day Care Centers When a Child Contracts Measles
:
Updated:
Med-Mal Claims Under the GTLA – Limitation of Actions
:
Updated:
Pre-Suit Notice Required When Re-Filing Med Mal Complaint
:
Updated:
2015 Tennessee Tort Reform Compendium Available
:
Updated:
Experts in Med Mal Cases: Must Prior Experience Have Been For Pay?
:
Updated:
No Liability Where Customer Walked Backwards over an Obvious Curb
:
Updated:
Joint Commission Publishes New Safety Chapter
:
Updated:
Certificates of Good Faith After Defendant Alleges Fault
:
Updated:
Business Owners who Ejected Patrons into Street Just Before Shootout Avoid Liability
:
Updated:
Local Rule Changes in the 21st Judicial District
:
Updated:
City Immune from Suit where it does not Own or Control Property Where Injury Occurred
:
Updated:
“Magic Words” and Medical Malpractice Litigation
:
Updated:
Statute of Limitations – One Day Late Too Late
:
Updated:
A Website and a Unilateral Phone Call – No Personal Jurisdiction
:
Updated:
The Contiguous State Rule for Expert Witnesses
:
Updated:
Medical Malpractice Notice – Incomplete HIPAA Form
:
Updated:
Seeking Reconsideration of Summary Judgment Motions in Tennessee
:
Updated:
Conversion of Motions to Dismiss Into Motions for Summary Judgment
:
Updated:
Products Liability Statute of Repose and its Exceptions Held to be Constituational
:
Updated:
No Evidence of Constructive Notice Leads to Summary Judgment in Tennessee Premises Liability Case
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Updated:
Court Torpedos 911-Related Negligence Claim
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Nuanced Determination Required to Distinguish Health Care Liability Claims from Ordinary Tort Claims
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Offer of Judgment Cannot Be Revoked During 10-Day Window
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Health Care Liability Claim under GTLA Entitled to 120-Day Extension of Statute of Limitations
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The “Made-Whole” Doctrine in Tennessee
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Tennessee Law of Civil Trial – Book Review
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Reasoning Required in Tennessee Trial Court’s Summary Judgment Order
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Orders on Motions for Summary Judgment – Rubber-Stamping Not Allowed
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Strip Club Murderer Loses Appeal
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NEJM Study on Defensive Medicine
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Recent Tennessee Jury Verdicts
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Trial Court’s Evidentiary Rulings Given Great Deference on Appeal
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Tennessee Made-Whole Doctrine
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Defamation and Public Figures in Tennessee
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Tolling Agreements, The Savings Statute and Tennessee Law
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Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice
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When is a Summons and Complaint “Unclaimed” Under Tennessee Law?
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Tennessee Tort Buffet
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What Happens After A Default Judgment is Entered in Tennessee?
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Injury and Wrongful Death Liability of Franchisors
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Tennessee Court Rules on Discovery of Income from Testifying Expert
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Tennessee Law of Civil Trial – Free Sample Chapter
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Tennessee Appellate Court Reviews Business Tort Case
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Yet Another Tennessee Medical Malpractice Notice Case
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Deficient Certificates of Good Faith in Tennessee
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Lawsuit Against Agent for Inadequate Insurance Limits
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Truck Driver Left Vehicle and Loses Protection Under UM Coverage
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Tennessee Insurance Coverage Decision
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Fraudulent Concealment Exception to Medical Malpractice Statute of Limitations and Statute of Repose in Tennessee
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Train Wreck. Divorce Trial. But I Repeat Myself
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Defendant’s Lie Under Oath May Be A Sin, But It Is Not Admissible in MVA Trial
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Health Care Liability Expert Need Not Know Community Statistics from Date of Alleged Injury to Testify in Tennessee Medical Malpractice Case
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Tennessee Law of Civil Trial Book
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Case Dismissed Because Plaintiff Sent Notice by FedEx Instead of U.S. Postal Service
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Just Give Him the Dang Forms!
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John Day’s New Book – Tennessee Law of Civil Trial
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Memphis Premises Liability Case Fails
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Amended Medical Malpractice Complaint Not Subject to Certificate of Good Faith Requirement when Initial Action was Filed Before October 1, 2008
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Can The Owner of LLC Also Be A Defendant in a Tort Action Against the LLC?
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Updated:
Spoliation of Evidence in Tennessee: Intent v. Prejudice
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Negligent Failure to Have a Nightlight? Nope
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No Special Requirements for Pre-Suit Notice on the State of Tennessee In Medical Malpractices Cases
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Failure to Read a Motion is Not Excusable Neglect under Tennessee Law
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Failure to Timely Appeal Results in Dismissal
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Article on Countering Adverse Authority
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Tennessee Certificate of Good Faith Statute – Extension of Time To File Amended Certificate Granted
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Delaware Court Reminds Tennessee Lawyers That Causation Must be Established in Cancer Malpractice Cases
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Tolling of Statute of Limitations Not Lost by Failure to Comply with Return of Process Rule
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You’ll Get Nothing and Like It!
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How NOT to Handle an ERISA Subrogation Lien
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After this Case, the Wedding is Going to be Pretty Awkward
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Tennessee Adopts Statute of Repose for Malpractice Claims Against Attorneys and Accountants
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New Notice Not Required for Second Filing of Medical Malpractice Case in Tennessee
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Health Care POA Must Have Specific Authority to Agree
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Tennessee Court of Appeals Reverses Finding of No Liability of Jailer for Failure to Provide Proper Medical Care to Inmate
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Tennessee Court Holds that Jury Need Not Be Instructed on Financial Effect of Fault Being Assessed Against a Non-Party That Had Previously Settled
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Poor Lighting Leads to Reversal of Summary Judgment for Defendant in Tennessee Fall Down Case
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Tennessee’s Three-Year Health Care Liability Statute of Repose Bars Claim
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Not All Rear-End Collisions Result in Plaintiff’s Verdicts
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Nurse Practitioners Now Exempt From Subpoena to Trial
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Preserving Timely Filings of Tort Actions in Tennessee General Sessions Court
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Close Enough for Horseshoes and Hand Grenades: Substantial Compliance Rather Than Strict Compliance in HealthCare Liability Case
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Tennessee Medical Malpractice Case Rich With Law on Speculative Damages, NIED Claims and Whether Disruption of Family Planning Is A Valid Claim
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Tennessee Defamation Case Flushed
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Party Seeking to Compel Arbitration Under Tennessee’s Uniform Arbitration Act Must Specifically Request Such Relief to Preserve Issue For Appeal
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Should Defense Counsel Be Permitted to Have Ex Parte Communications With a Patient’s Health Care Providers?
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Updated:
Slip and Fall Cases and Ice
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A Proposed Cure for an Emergency Room Doctor
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Another Day, Another Tennessee Medical Malpractice Notice Case
Day on Torts