:
Updated:
Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.
:
Updated:
Free, Helpful Information About the Maury County, Tennessee Court System
:
Updated:
Black Friday Sale Ends Sunday at Midnight. Money Back Guarantee!
:
Updated:
Free, Helpful Information About the Cheatham County, Tennessee Court System
:
Updated:
Black Friday 50% Off Sale Ends Sunday at Midnight!
:
Updated:
Free, Helpful Information About The Rutherford County, Tennessee Court System
:
Updated:
Free, Helpful Information About the Marshall County, Tennessee Court System
:
Updated:
Defendants can commit trespass on land they believed they owned.
:
Updated:
Free, Helpful Information About the Davidson County, Tennessee Court System
:
Updated:
Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).
:
Updated:
Free, Helpful Information About the Franklin County, Tennessee Court System
:
Updated:
Black Friday Sale on Subscriptions to John Day’s Books. 50% off Annual Subscriptions. (And Money-Back Guarantee)
:
Updated:
Free, Helpful Information About the Williamson County, Tennessee Court System
:
Updated:
Tennessee HCLA Case Dismissed under Statute of Limitations.
:
Updated:
Justice Programs Seminar Offerings – 2022
:
Updated:
Free, Helpful Information About the Wayne County, Tennessee Court System
:
Updated:
Free, Helpful Information About the Montgomery County, Tennessee Court System
:
Updated:
Exclusion of HCLA expert based on locality rule affirmed.
:
Updated:
Appeal under Tennessee Public Protection Act ruled untimely.
:
Updated:
Free, Helpful Information About the Robertson County, Tennessee Court System
:
Updated:
Physician employed by state university had absolute immunity under Tennessee Claims Commission Act.
:
Updated:
Free, Helpful Information About The Wilson County, Tennessee Court System
:
Updated:
No HCLA liability under GTLA where allegedly negligent doctors were not employees of governmental entity hospital.
:
Updated:
Free Information About the Sumner County, Tennessee Court System
:
Updated:
Plaintiff could not show constructive notice in GTLA premises liability case where she could not show how long dangerous condition had existed.
:
Updated:
Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.
:
Updated:
Dismissal of legal malpractice claim reversed.
:
Updated:
Professional negligence jury verdict affirmed.
:
Updated:
Scaffolding rental company owed no duty to roofer where homeowner opted to install scaffolding himself.
:
Updated:
Finding of extraordinary cause to excuse HCLA noncompliance reversed.
:
Updated:
Vegetation management contractor had no duty to remove tree located beyond scope of contract with electrical service.
:
Updated:
Evidence of car accident occurring not enough to support negligence claim.
:
Updated:
Tennessee Court of Appeals: HCLA plaintiff should have been allowed to substitute expert.
:
Updated:
Defense Counsel Brags About Result in Medical Malpractice Trial – Judge Orders New Trial
:
Updated:
USDC-MD TN Rules Presuit Notice and Certificate of Merit Statutes to Not Apply to TN HCLA Claims Filed in Federal Court
:
Updated:
Williamson County, Tennessee Tort Trial Statistics
:
Updated:
Tennessee Supreme Court Agrees to Review Two Cases
:
Updated:
Last Opportunity to Register for Seminar – August 24 and 25, 2022.
:
Updated:
Summary judgment based on GTLA and Recreational Use Statute affirmed.
:
Updated:
Nursing home arbitration agreement ruled unenforceable.
:
Updated:
Conversion claim was time-barred due to plaintiffs’ constructive notice of claim.
:
Updated:
Premises liability summary judgment affirmed where divot complained of was a minor aberration.
:
Updated:
No civil liability for sharing truthful information about matter of public concern.
:
Updated:
Res judicata dismissal of tort claims reversed.
:
Updated:
Legal malpractice claim fails without expert support.
:
Updated:
Lawyer Sanctioned for Misconduct During Deposition
:
Updated:
Seminar For Newer Lawyers Interesting in Learning About the Art of Trial Lawyering
:
Updated:
Changes to Tennessee Rules of Procedure and Evidence
:
Updated:
Tennessee Supreme Court Releases Opinion on Attorney Fee Awards After Motion to Dismiss
:
Updated:
Lease interest was not sufficient to establish ownership rights for conversion claim.
:
Updated:
Dismissal reversed on claims against church defendants based on alleged cover-up of sexual abuse of minors.
:
Updated:
New Data Being Added To BirdDog Law – Tort Trials and Damages, By County
:
Updated:
State responsible for allegedly dangerous condition on state-owned highway despite contracting maintenance out to city.
:
Updated:
The Tennessee Missing Witness Rule
:
Updated:
Defamation case dismissed based on absolute litigation privilege.
:
Updated:
Discovery rule applied in HCLA case involving food service provider.
:
Updated:
Plaintiff’s deposition created issue of fact in GTLA premises liability case.
:
Updated:
Georgia Opinion Discusses Standards for Deposing High-Ranking Corporate Executives (So Does Indiana!)
:
Updated:
Exciting New Addition to BirdDog Law – Comprehensive Local Court Information
:
Updated:
Tennessee Supreme Court Releases Opinion in Linville Case
:
Updated:
Dismissal affirmed where plaintiff died days before complaint was filed in her name.
:
Updated:
Dismissal affirmed where HCLA pre-suit notice was sent to wrong entity.
:
Updated:
Chancery court lacked subject matter jurisdiction over defamation tort claims.
:
Updated:
Cases Pending Before the Tennessee Supreme Court – Updated
:
Updated:
Dismissal partially reversed based on fraudulent concealment.
:
Updated:
Expert Needed for Legal Malpractice Case to Survive
:
Updated:
Calculating Post-Judgment Interest on Tennessee Judgments
:
Updated:
Wrong defendants in certificate of good faith caption should have resulted in dismissal.
:
Updated:
Landlord not liable for tenant’s pit bull biting guest after landlord ordered the dog removed and issued tenant an eviction notice.
:
Updated:
Revenge Porn
:
Updated:
County not immune from suit where sheriff’s deputy failed to investigate death threats.
:
Updated:
More On Powers of Attorney, Arbitration Agreements, and Wrongful Death
:
Updated:
“Pending Cases” Updated with New Tennessee Supreme Court Opinion
:
Updated:
Reckless infliction of emotional distress plaintiffs was not within the reasonably foreseeable scope of the alleged tort.
:
Updated:
New Decision Discussing Alter Ego-Law in Tennessee
:
Updated:
GTLA Attorney’s Fees Provision Permitting Award Against Plaintiff Deemed Constitutional
:
Updated:
Judgment for damages void where defendant was not served with amended omplaint.
:
Updated:
Insufficient certificate of good faith leads to summary judgment for defendant.
:
Updated:
Summary judgment vacated due to insufficient reasoning in trial court order.
:
Updated:
Injury case against homeowner’s association dismissed
:
Updated:
No exception to products liability statute of repose for latent disease or fraudulent concealment.
:
Updated:
No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.
:
Updated:
Rule Changes Approved By Tennessee General Assembly
:
Updated:
Injury Involving ATV Winch Case Will Be Tried Before Jury
:
Updated:
Ruling that nursing home arbitration agreement was invalid reversed.
:
Updated:
Attorney’s fees allowed as compensatory damages in inducement of breach of contract case.
:
Updated:
No liability for inmate-on-inmate assault where assault was not foreseeable.
:
Updated:
Defendant had no duty to remove tire debris from interstate after blowout.
:
Updated:
Claims Commission decision to credit defense witnesses affirmed.
:
Updated:
Plaintiff who was returning domesticated pigs to owner was not a trespasser.
:
Updated:
$1.5M Verdict Affirmed in Tennessee Car Wreck Case.
:
Updated:
Summary judgment affirmed where defendant did not place structure creating nuisance on defendant’s easement.
:
Updated:
BirdDog Law Adds Free Access to Rules of Criminal Procedure and Criminal Appeals Rules
:
Updated:
Premises liability summary judgment affirmed based on lack of constructive notice.
:
Updated:
Summary judgment for defendants in premises liability case affirmed
:
Updated:
Covid-19 Shuts Down Tort and HCLA Trials in Tennessee in 2020-21
:
Updated:
Negligence case against insurance agent fails due to statutory presumption.
:
Updated:
Tennessee Legal Malpractice Claim Filed Too Late
:
Updated:
Intentional misrepresentation and medical battery claims fell within HCLA
:
Updated:
Involuntary dismissal affirmed when video showed that defendant’s car was visible when plaintiff pulled onto roadway.
:
Updated:
Summary judgment vacated where trial court order failed to give reasons for decision
:
Updated:
Denial of motion to name correct defendant affirmed due to delay and lack of diligence
:
Updated:
Tennessee Supreme Court to Hear Two New Cases
:
Updated:
BirdDog Law Now Has Free Access to Tennessee Rules of Criminal Procedure
:
Updated:
Filing complaint with Tennessee Claims Commission did not satisfy requirement to give written notice to Division of Claims and Risk Management.
:
Updated:
Previous rejection of uninsured motorist coverage remained in affect after policy renewal.
:
Updated:
How To Determine What Cases Are Pending Before the Tennessee Supreme Court
:
Updated:
Collection of Case Law on the Issue of Whether a Civil Trial Should be Conducted Virtually
:
Updated:
Legal Malpractice Claim Filed More than One Year after BPR Complaint was Untimely.
:
Updated:
Wrongful Death of a Zygote? Last Year the Law Changed
:
Updated:
Negligence summary judgment affirmed where plaintiff had no evidence of breach of duty.
:
Updated:
Child in care, custody, or control of State between removal from parent’s home and entry of custody order by juvenile court.
:
Updated:
Decedent’s personal injury settlement did not become wrongful death proceeds after his death.
:
Updated:
Practice Before the Tennessee Claims Commission
:
Updated:
Snap Removals to Federal Court
:
Updated:
Colorado Supreme Court Allows Minors to Recover Pre-Majority Medical Expenses
:
Updated:
New Resource Center for Tennessee Lawyers
:
Updated:
No liability for State when fire causing damage was started by lightning.
:
Updated:
New Website for Tennessee Lawyers
:
Updated:
Operations on the Wrong Body Part – from The Washington Post.
:
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.
:
Updated:
Failure to list purpose on HIPAA authorization leads to dismissal of HCLA case.
:
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
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Updated:
Plaintiff Must Name “John Doe” if Other Driver in Car Accident Case is Unknown.
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Updated:
Claims Commissioner Must Make Conclusions of Law For Each Theory of Negligence
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Updated:
Rule 59.04 Motion Does Not to Save Medical Malpractice Case
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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
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Updated:
Exclusion of Expert Witness Partially Overturned
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Updated:
Assertion of the Fifth Amendment Privilege in Wrongful Death Cases
:
Updated:
Certificate of Good Faith Required for Negligent Supervision Claim
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Updated:
No Evidence From Plaintiffs Leads to Summary Judgment for Defendant
:
Updated:
Tennessee Tort Filings and Trials – 2017-18 – Part 3
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Updated:
Tennessee Tort Filings and Trials – 2017-18 – Part 2
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Updated:
Tennessee Tort Filings and Trials – 2017-18 – Part 1
:
Updated:
Expert Required to Establish Case Against Water Distributor
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Updated:
No Standard of Care Expert? No Case.
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Updated:
Motion to Set Aside Judgment Must Show a Meritorious Defense
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Updated:
Circuit Court Could Not Appoint Representative for Deceased Defendant
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Updated:
Motion to Set Aside Judgment Must Show a Meritorious Defense
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Updated:
Tennessee Supreme Court Defines Factors For Enforcing Exculpatory Agreements
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Updated:
Summary Judgment on Negligence Claim Overturned
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Updated:
No Fraud Claim Where Inspection Revealed Possible Water Issues
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Updated:
No Fault for Plaintiff Affirmed
:
Updated:
Legal Malpractice Statute of Limitations Applied to Real Property Closing
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Updated:
Affirmative Defenses Not Waived By One-Day Delay of Answer
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Updated:
Agritourism Statute Provides Immunity from Liability but Allows Fault Allocation
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Updated:
Non-Compliant HIPAA Release Prejudiced Only One Defendant
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Updated:
No Evidence From Plaintiff = Summary Judgment for Defendant
:
Updated:
“Rebuttal” Evidence Properly Excluded
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Updated:
Res Ipsa Loquitor and Medical Malpractice Claims
:
Updated:
“Extraordinary Cause” Under HCLA Notice Statute
:
Updated:
White Paper: Attorney – Client Privilege
Day on Torts