:
Updated:
Justice Programs 2021 Seminar
:
Updated:
Summary Judgment Based on Tennessee Recreational Use Statute Affirmed.
:
Updated:
Interesting Article on How Radiologists Can Avoid Medical Malpractice Claims
:
Updated:
No nuisance or trespass when neighbor did not increase surface water flow onto plaintiff’s property.
:
Updated:
Claim regarding retirement benefit calculation was not a tort claim.
:
Updated:
Cancellation rule should have applied to defendant’s contradictory testimony.
:
Updated:
Statute of limitations did not affect time period to file with Tennessee Claims Commission after denial by Division of Claims and Risk Management.
:
Updated:
Verdict for defendant in ski resort case involving injuries to a snowboarder affirmed.
:
Updated:
Legal malpractice claim dismissed as untimely.
:
Updated:
Summary judgment reversed where evidence showed city inspected culvert that collapsed the day before the accident and recommended imminent replacement
:
Updated:
Law firm had no duty after terminating its representation of plaintiff.
:
Updated:
Dismissal of conversion case based on statute of limitations affirmed.
:
Updated:
Plaintiff not entitled to conduct discovery on issue of whether defendant was prejudiced by incomplete HIPAA authorization in HCLA case
:
Updated:
Premises liability summary judgment affirmed based on insufficient evidence of causation.
:
Updated:
Discretionary costs award to defendants affirmed.
:
Updated:
Tennessee Supreme Court Agrees to Review Comparative Fault Issue in Negligent Misrepresentation Case
:
Updated:
Dismissal affirmed under GTLA for failure to name doctor’s governmental entity employer as defendant.
:
Updated:
Collateral source rule barred testimony regarding reasonableness of medical bills.
:
Updated:
Plaintiff should have been allowed to revise voluntary dismissal where dismissal was not a final order.
:
Updated:
Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check
:
Updated:
Claims of Recklessness and Gross Negligence May Proceed Under Tennessee Governmental Tort Liability Act
:
Updated:
Defendant doctor can be compelled to testify regarding standard of care of co-defendant nurse he supervises; Minor on Tenncare Has Right to Sue for Medical Expenses
:
Updated:
Denial of Tennessee uninsured motorist coverage affirmed.
:
Updated:
Jury verdict affirmed where jury believed defendant’s account of car accident.
:
Updated:
Lack of Evidence on Value of Property Damage Dooms Tennessee Case
:
Updated:
Bifurcation of standard of care and causation issues in HCLA case affirmed.
:
Updated:
Jury’s decision to not reject some of plaintiff’s medical expenses affirmed.
:
Updated:
Summary judgment affirmed where defendant tested negative for STD he allegedly transmitted to plaintiff.
:
Updated:
Court of Appeals releases first opinion addressing Tennessee Public Participation Act.
:
Updated:
Noneconomic damages cap applied to injured plaintiff and loss of consortium plaintiff jointly.
:
Updated:
Tort Salad: Defamation, Conversion, Trespass to Chattels, False Light Invasion of Privacy, Trespass, NIED, IIED and Negligence
:
Updated:
HIPAA authorization deemed compliant despite return of no records.
:
Updated:
Summary judgment reversed where tombstone fell and injured plaintiff.
:
Updated:
Insurance statute did not create private right of action for general contractor
:
Updated:
Traffic Citations: Their Impact on Statutes of Limitations in Tennessee Personal Injury and Wrongful Death Cases
:
Updated:
Second Pre-Suit Notice Required After Voluntary Dismissal of First HCLA Complaint
:
Updated:
TN GTLA immunity retained where claim related to excessive use of police force.
:
Updated:
Failure to Address Each Ground of Dismissal on Appeals – Dismissal Affirmed
:
Updated:
HIPAA authorization single-provider exception did not apply where 21 providers were sent HCLA pre-suit notice.
:
Updated:
Car accident statute of limitations held to began on date of accident.
:
Updated:
Vicarious liability claim under HCLA not barred due to statute of limitations running out on claim against non-party agent.
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Updated:
Failure to list purpose on HIPAA authorization leads to dismissal of HCLA case.
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Updated:
Cross-examination Tips
:
Updated:
Case against deceased defendant time-barred.
:
Updated:
SCOTUS Addresses Personal Jurisdiction in Products Liability Lawsuits
:
Updated:
Landlord liable for negligent misrepresentation based on false statement that roof could be quickly repaired.
:
Updated:
Court clarifies factors to consider for fraud allegation related to attorney-client fee agreement.
:
Updated:
Doctor’s Alleged Misrepresentation of Credential’s Falls Outside of HCLA requirements.
:
Updated:
Dismissal of negligent retention claim affirmed
:
Updated:
Statutory presumption of insurance acceptance applies in action against insurance agent.
:
Updated:
Tennessee’s “Common Knowledge” Exception to Use of an Expert in Health Care Liability Act Cases
:
Updated:
HCLA statute of limitations for claim against doctor and hospital began to run on same date.
:
Updated:
Number of Tort Trials in Tennessee for the Year Ending June 30, 2020, Including Data By County
:
Updated:
Number of Civil Trials in Tennessee for the Year Ending June 30, 2020.
:
Updated:
Personal jurisdiction should be considered before substantive grounds in motion to dismiss.
:
Updated:
Summary judgment for HCLA defendants affirmed based on statute of limitations and lack of duty.
:
Updated:
Summary judgment for defendant overturned where plaintiff slipped in flooded restroom.
:
Updated:
Statute of limitations extended to two years where defendant was given traffic citation after car accident.
:
Updated:
Plaintiff’s judgment for student hit by shot put thrown by coach affirmed.
:
Updated:
No relation back where car accident plaintiff named wrong driver as defendant.
:
Updated:
Manufacturer has no duty to warn regarding products it did not make, sell or distribute.
:
Updated:
False imprisonment claim based on mental health hold at hospital actually fell under HCLA.
:
Updated:
Dismissal as discovery sanction affirmed.
:
Updated:
Failure to file post-trial motion resulted in waiver of directed verdict argument on appeal.
:
Updated:
Public Duty Doctrine did not apply in dangerous sidewalk case.
:
Updated:
Public Duty Doctrine Applied To Eliminate Claim
:
Updated:
Tennessee “Discovery Rule” Applied to Vehicle Crash Case
:
Updated:
Unsworn declaration created issue of fact to oppose summary judgment.
:
Updated:
Justice Programs Offering On-Demand CLE
:
Updated:
No reasonable reliance on warranty deed where lien was publicly recorded.
:
Updated:
HCLA pre-suit notice addressed to administrator as an individual did not provide notice to health care facility.
:
Updated:
Tennessee’s Rule 11 Will Require Email Address on Pleadings
:
Updated:
Need CLE? Justice Programs Offers On-Demand Video For Lawyers Who Want to Learn
:
Updated:
Dismissal Based on Lack of Foreseeability Reversed.
:
Updated:
Expert affidavit created issues of fact to withstand summary judgment in HCLA case
:
Updated:
Prejudgment interest included in “all damages” language in uninsured motorist insurance policy.
:
Updated:
Non-compliant HIPAA Authorization Leads to Dismissal of Tennessee Malpractice Case
:
Updated:
Summary judgment affirmed where plaintiff knew about leak before she slipped.
:
Updated:
Defamation claimed barred by ecclesiastical abstention doctrine
:
Updated:
Dismissal of Legal Malpractice Claim Reversed.
:
Updated:
Jury finding that plaintiff was 60% at fault for car accident affirmed.
:
Updated:
No misrepresentation based on acreage where accurate plat was public record.
:
Updated:
Sanctions based on HCLA Certificate of Good Faith Denied
:
Updated:
Pharmacist not qualified to give causation testimony in medically complex HCLA case.
:
Updated:
New trial affirmed where defendant shifted blame after failing to plead comparative fault.
:
Updated:
Noneconomic damages cap should be applied to each plaintiff separately in personal injury cases.
:
Updated:
Nursing home arbitration agreement signed by patient’s daughter not enforceable.
:
Updated:
Unconscionable fee-splitting provision in arbitration agreement could be severed from agreement as a whole.
:
Updated:
Website comment deemed to not constitute notice for relation back purposes.
:
Updated:
Justice Programs On-Demand Seminars Now Live
:
Updated:
ABA Best Practices for Third-Party Litigation Funding Paper
:
Updated:
Loss of Consortium Plaintiff Required to File Notice Before Complaint with Claims Commission.
:
Updated:
Savings statute available to vicarious liability plaintiff.
:
Updated:
Appeal Fails Without Transcript or Statement of Evidence
:
Updated:
Class certification denied in food poisoning and contagious restaurant employees case.
:
Updated:
Remote Notarization and Witnessing Extended in Tennessee
:
Updated:
Service of Process by Email? By Facebook?
:
Updated:
Dismissal based on statute of limitations not a favorable termination for later malicious prosecution claim.
:
Updated:
Dismissal Rejected When Defendant Cannot Prove Intentional Delay in Service of Process
:
Updated:
Amendments to the Tennessee Rules of Civil Procedure
:
Updated:
Decision Upholding the Right to Take Depositions by the Use of Remote Video
:
Updated:
Sample Remote Deposition Protocol
:
Updated:
Large jury award affirmed in negligence case against Kroger
:
Updated:
Chairs stacked on top of table not a dangerous condition
:
Updated:
No duty to remove snow from parking lot while snow is still falling.
:
Updated:
No damages to plaintiff despite fault of defendant in car accident affirmed.
:
Updated:
Dismissal of libel and false light invasion of privacy claims affirmed.
:
Updated:
Expert proof needed on standard of care in legal malpractice case.
:
Updated:
Damage Award Affirmed in Brachial Plexus Injury Case
:
Updated:
College had duty to student where fraternity hazing was foreseeable.
:
Updated:
Second HIPAA authorization sent after statute of limitations had run could not cure previous defects.
:
Updated:
Determining reasonable attorneys’ fees in post-settlement dispute.
:
Updated:
Jury Verdict Finding Plaintiff 77% at Fault Vacated
:
Updated:
Case dismissed for negligent spoliation of evidence.
:
Updated:
Summary Judgment for Convenience Store Reversed in Slip-and-File Case
:
Updated:
Notice letter could not cure deficiencies in HIPAA authorization.
:
Updated:
Exclusion of Defense Expert Reversible Error in Civil Battery Case
:
Updated:
No magic words required to make HIPAA authorization compliant
:
Updated:
Minimal damages affirmed where plaintiff offered no expert testimony on medical expenses
:
Updated:
Analyzing prejudice to defendant when HCLA pre-suit notice is deficient.
:
Updated:
Nuisance claim arising from construction fails
:
Updated:
Claim that counseling records were falsified fell under health care provider liability
:
Updated:
Guidelines for the Use of Remote Video in Depositions, Hearing, Trials and Appellate Arguments
:
Updated:
Expert practicing in Tennessee under licensure exemption not qualified as HCLA expert
:
Updated:
HIPAA Form Releasing Records to Plaintiffs’ Counsel Not Compliant.
:
Updated:
Grocery store assumed duty to maintain its parking lot
:
Updated:
Discovery Sanction Affirmed For Failure to Produce Photograph
:
Updated:
Magazine rack at checkout determined not a “dangerous condition”
:
Updated:
Pharmacy cannot use seller shield defense in health care liability case.
:
Updated:
Case Law Supporting the Use of Remote Video for Depositions
:
Updated:
“Cancellation Rule” Leads to Dismissal of Case
:
Updated:
Suing a Deceased Defendant in Tennessee
:
Updated:
Deaths in Car Crashes Down Almost 25% in Tennessee
:
Updated:
Plaintiff previously convicted of kidnapping and bank robbery was libel proof
:
Updated:
Texas Supreme Court Reverses Sanctions Against Lawyer Alleged to Have Engaged in Push-Poll
:
Updated:
Fall Off Examination Table Within Health Care Liability Act
:
Updated:
Court: No Fraudulent Concealment Present
:
Updated:
Summary Judgment and Rule 56.03 Statements
:
Updated:
Arbitration Right in Underinsured Motorist Statute Not Triggered
:
Updated:
New Executive Order on Notarizing Documents
:
Updated:
Where Can A Product Manufacturer Be Sued?
:
Updated:
Remote Video Depositions
:
Updated:
Sue Employer in Tort For Coronavirus-Related Death? Not in Tennessee
:
Updated:
Immunity For Government Employ Denied
:
Updated:
Day on Torts Nugget: Proper Way to Draft a New Complaint After a Voluntary Dismissal
:
Updated:
Statutes of Limitation and Repose Extended in Tennessee
:
Updated:
Dismissal based on intentional delay of service of process affirmed.
:
Updated:
Who Decides the What Issue Is Subject to Arbitration: A Judge or Arbitrator?
:
Updated:
Tennessee Considers Extent of Specific Personal Jurisdiction
:
Updated:
Day on Torts Nugget: Service of Process by Regular Mail During the Coronavirus
:
Updated:
Investigation into Self-Driving Car Crash in Florida
:
Updated:
Attorney not liable for advising client to make true police report
:
Updated:
Runner Hit By Car Found 80% At Fault
:
Updated:
Denial of Motion to Alter or Amend Reinstated by Supreme Court
:
Updated:
Water authority liable for fall where it had notice that meter box was damaged
:
Updated:
Day on Torts Nugget: Service on Companies That Have Not Appointed A Registered Agent in Tennessee.
:
Updated:
Tennessee Supreme Court Upholds Constitutionality of Damage Caps
:
Updated:
Day on Torts Nugget: Tennessee Medical Malpractice Filings and Trials
:
Updated:
Day on Torts Nugget – 2019 Tennessee Trial Data Part 2
:
Updated:
Omission in Appellate Filings Result In Loss
:
Updated:
Landlord not liable for tenant’s fall down stairs.
:
Updated:
Day on Torts Nugget: Standards for Motions to Amend Pleadings in Tennessee
:
Updated:
Police Shooting Victim Loses Case
:
Updated:
Footnote Points Out Issue With Amending Pleadings
:
Updated:
Day on Torts Nugget: Reliance on the Savings Statute after a Voluntary Dismissal
:
Updated:
Inconclusive Causation Testimony Insufficient – Case Dismissed
:
Updated:
Day on Torts Nugget: Be Careful When Suing the State of Tennessee.
:
Updated:
Property owner not liable when employee of independent contractor was injured.
:
Updated:
Day on Torts Nugget – 2019 Tennessee Trial Data Part 1
:
Updated:
Criminal Acts of Third Persons – Injured Party Loses Claim Against Store
:
Updated:
Day on Torts Nugget: Discovery Rule May be Used to Add Vicarious Liability Defendant
:
Updated:
Legal malpractice claim failed based on statute of limitations.
:
Updated:
Day on Torts Nugget – Amending A Complaint After A Defendant Alleges Fault of a Nonparty
:
Updated:
Nursing Home Agreement to Arbitrate – Who Can Bind Patient?
:
Updated:
Defense Claims Counsel Interfered With Ex Parte Interviews of Health Care Providers
:
Updated:
Tennessee Tort Reform – Statutes and Case Law
:
Updated:
False imprisonment statute of limitations begins to run when imprisonment ends.
:
Updated:
Day on Torts Nugget – Amending Complaint While a Motion to Dismiss is Pending
:
Updated:
Thoughts About the Interaction Between Subrogation and Comparative Fault
:
Updated:
HIPAA authorization required after plaintiff sent HCLA notice to multiple providers.
:
Updated:
Tennessee Court Adopts Revisions to Civil Procedure Rules
:
Updated:
How to Authenticate A Facebook Post.
:
Updated:
Seven Reasons To Serve Discovery With Your Complaint
:
Updated:
HCLA certificate of good faith must be separate from complaint
:
Updated:
Are Personal Injury Compensatory Damages Awards Taxable?
:
Updated:
Tennessee Law of Civil Trial – New Edition
:
Updated:
Absolute executive privilege does not apply to district attorney general.
:
Updated:
Pre-Suit Waivers of Liability in Tennessee
:
Updated:
Trial court erred by excluding expert testimony in premises liability case
:
Updated:
Litigation Privilege Defeats Defamation Claim.
:
Updated:
North Carolina Adopts New Case Citation Format
:
Updated:
Motion for Substitution Needed After Death of Plaintiff
:
Updated:
Fair Report Privilege Did Not Apply to Private Conversation in Defamation Case
:
Updated:
Car Accident Suit Against Deceased Defendant Dismissed as Untimely
:
Updated:
Self-Driving Truck Goes Cross Country
:
Updated:
Failure to Name Correct Defendant Fatal to Claim
:
Updated:
Injuried Party Need Not Be Included in Declaratory Judgment Action Between Defendant and Defendant’s Insurer
:
Updated:
Utilities Commission Had No Jurisdiction Over Negligence Suit
:
Updated:
Law Firms Made to Pay for Failure to Honor Medicare Subrogation
:
Updated:
Defamation Claim Asserted by Public Figure
:
Updated:
HCLA Statute of Limitations Started Before Plaintiff Consulted Expert
:
Updated:
Tennessee Supreme Court Overturns Application of Judicial Estoppel
:
Updated:
Tennessee HCLA defendants required to identify other potential defendants.
:
Updated:
Fraud Affirmed Where Foundation Repair Company Found to Have Sold Useless Services
:
Updated:
Fall Down Stairs Not Enough to Win – Need Causation
:
Updated:
Plaintiff’s Damages Not Limited By Amount Specified in Complaint
:
Updated:
Tennessee Court Offers Insight on Judicial Estoppel
:
Updated:
Summary Judgment Affirmed on Negligent Misrepresentation Claim
:
Updated:
No Trespass Claim Where Unmanned Truck Rolled Into House
:
Updated:
HIPAA Authorizations that Allowed Disclosure of Records Deemed Compliant
:
Updated:
Premises liability defendants had no duty where driveway complied with all regulations
:
Updated:
Economic Loss Doctrine Bars Plaintiff’s Fraud Claim
:
Updated:
No Employer Liability When Employee Had Car Accident After Work
:
Updated:
Payments to Professionals Who Were Fact Witnesses For Case and Discovery Preparation
:
Updated:
No Motion for New Trial? Issues Waived.
:
Updated:
Claims Commissioner’s Ruling Affirmed in Battle of the Experts Wrongful Death Case
:
Updated:
Product Liability and the Duty to Warn (And More)
:
Updated:
Nuisance Can Occur on Property Owned by Neither Plaintiff Nor Defendant
:
Updated:
Defective Pre-Suit Notice In Case 1 Bars Use of Savings Statute in Case 2
:
Updated:
Neurosurgery Consultant Not Qualified As Expert Against Urgent Care Center Nurses or Physician
:
Updated:
Suicide and Foreseeability
:
Updated:
Legal Malpractice Case Dismissed – No Causation As A Matter of Law
:
Updated:
No Continuance for HCLA Plaintiff Who Did Not Have Expert Affidavit After Eight Months
:
Updated:
Lay Witness Opinion on Source of Gravel on Road Admissible
:
Updated:
Tennessee Law of Civil Trial (Second Edition) – 2019
:
Updated:
Video Evidence Supports Summary Judgment In Grocery Slip and Fall Case
:
Updated:
Circuit Court Complaint not Transferred to Claims Commission.
:
Updated:
Recovery of Future Medical Expenses Under Tennessee Law
:
Updated:
Corporations as “People:” How The Legal Fiction Arose
:
Updated:
Pre-Suit Notice by Personal Delivery Must Actually Be Delivered to Comply with HCLA.
:
Updated:
Slight Raise of Pavement Along Crack in Parking Lot – Case Dismissed
:
Updated:
Sanctions Affirmed in Tennessee Slander Case
:
Updated:
Gym Not Liable for Sexual Assault in Locker Room
:
Updated:
City’s Duty to Protect Against Dangerous Dog Fell Under Public Duty Doctrine
:
Updated:
Plaintiff Must Name “John Doe” if Other Driver in Car Accident Case is Unknown.
:
Updated:
Claims Commissioner Must Make Conclusions of Law For Each Theory of Negligence
:
Updated:
Rule 59.04 Motion Does Not to Save Medical Malpractice Case
:
Updated:
Fall Down Steps Not Enough to Prove Premises Liability Case
:
Updated:
2017 Tennessee Health Care Liability Statistics – Part 3
:
Updated:
2017 Tennessee Health Care Liability Statistics – Part 2
:
Updated:
2017 Tennessee Health Care Liability Statistics – Part 1
:
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”
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Updated:
Med Mal Notice Statute and Governmental Entities
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Updated:
Default Judgment in Injury Case Requires Hearing on Damages
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Updated:
Fall-Down Case Goes to Jury
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Updated:
Exculpatory Provision Enforced in Transportation Agreement
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Updated:
No Invasion of Privacy When Information Was Already Public
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Updated:
Negligent Supervision Allowed Under Tennessee Claims Commission Act
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Updated:
Battery Claim Proceeds In Absence of Significant Injury
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Updated:
Tennessee Court Explains Duty to Supplement Discovery and Expert Testimony
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Updated:
More on Pre-SuitNotice, HIPAA, in Tennessee Medical Malpractice Cases
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Updated:
Case Dismissed Given Deficient Expert Testimony
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Updated:
Tennessee Uninsured Motorist Claims Subject to Six-Year Statute of Limitations
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Updated:
Liability of Tennessee for Inmate-on-Inmate Attacks
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Updated:
No HIPAA Form Required in Single Defendant HCLA Case
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Updated:
Inmate Injured on Work Detail – Recovery Limited to Medical Expenses
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Updated:
Court of Appeals Discusses Tennessee Car Accident Damages
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Updated:
No Negligent Misrepresentation Claim Based on Future Event
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Updated:
Application of Tennessee Savings Statute When Initial Filing Deadline Missed
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Updated:
Nuisance, Invasion of Privacy, IIED, and Chickens
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Updated:
Mothers, Minors and Medical Bills
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Updated:
Special Duty Doctrine Applied Against 911 Agency in Suicide Case
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Updated:
Failure to Include Causation Evidence Ends Malpractice Case
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Updated:
Negligent Infliction of Emotional Distress Claim Against Hospital Goes to Jury
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Updated:
Serving Rule 11 Motion on Opposing Counsel Not Considered “Process” for Abuse of Process Claim
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Updated:
Fraudulent Misrepresentation Case Falls Short
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Updated:
Statute of Limitations Bars Mother’s Claim Against Health Care Provider
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Updated:
$3 Million Dollar Verdict Vacated Due to Defective Verdict Form
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Updated:
No HIPAA Form Required in Single Defendant Medical Negligence Case
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Updated:
Slander Subject to Six-Month Statute of Limitations
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Updated:
Jury Verdict For Defendant Affirmed in Brentwood Car Wreck Case
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Updated:
Forum Non Conveniens in Tennessee Personal Injury Cases
Day on Torts