:
Updated:
Medical bills excluded from trial due to lack of expert testimony that they were necessary.
:
Updated:
New Article Published Discussing Tennessee’s “Colleague Privilege”
:
Updated:
HCLA plaintiff failed to establish breach of standard of care.
:
Updated:
HCLA abrogates operation-of-law exception for vicarious liability claims in health care liability actions.
:
Updated:
Summary judgment overturned where minor was killed while drinking and driving.
:
Updated:
HCLA Plaintiff Cannot Get Benefit of 120-Day Extension When Filing Action Under Savings Statute
:
Updated:
Judgment for defendant in GTLA negligence case affirmed.
:
Updated:
Actual damages not required for intrusion upon seclusion claim.
:
Updated:
Legal malpractice claim barred by statute of limitations.
:
Updated:
Legislature Changes TCA Section 20-1-119 To Expressly Include Uninsured Motorist Insurers
:
Updated:
Legal malpractice claim required expert proof from plaintiff.
:
Updated:
HCLA Standard of Care Expert Competent to Testify.
:
Updated:
Practical Procedure and Evidence
:
Updated:
Defendant physician cannot be compelled to give expert opinion of other healthcare provider’s care.
:
Updated:
Biomechanical Expert’s Testimony on Medical Causation Rejected
:
Updated:
Parents could not file suit on behalf of adult child.
:
Updated:
Pre-Impact Terror in Plane Crash Litigation
:
Updated:
Amended Complaint Removed Defendants From Suit.
:
Updated:
Psychologist selected by mother pursuant to court order immune from later HCLA suit.
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Dyer County, Tennessee
:
Updated:
City ordinance violation does not extend Tennessee’s typical one-year personal injury statute of limitations.
:
Updated:
Tennessee GTLA case that includes non-governmental entity defendants can be heard by a jury.
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Wilson County, Tennessee
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Montgomery County, Tennessee
:
Updated:
Stats of Personal Injury and Wrongful Death Cases and Jury Verdicts in Robertson County, Tennessee
:
Updated:
Supreme Court addresses standard for favorable termination in a malicious prosecution claim based on a criminal case.
:
Updated:
Dismissal based on statute of limitations affirmed; court relied on judicial notice of court file
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Sullivan County, Tennessee
:
Updated:
Practical Procedure and Evidence
:
Updated:
HCLA plaintiff entitled to limited discovery to show that defendant was not prejudiced by noncompliant HIPAA authorization.
:
Updated:
Gender-Affirming Care Creates Tort Liability
:
Updated:
Stats on Personal Injury and Wrongful Death Cases in Rutherford County, Tennessee
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Putnam County, Tennessee
:
Updated:
Stats on Personal Injury and Wrongful Death Filings and Verdicts in Williamson County, Tennessee
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Maury County, Tennessee
:
Updated:
TPPA Motion to Dismiss Required Trial Court to Engage in Three-Step Analysis.
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Sumner County, Tennessee
:
Updated:
Short Term Offer for Day on Torts and Other Books – Save 25%
:
Updated:
Stats on Personal Injury and Wrongful Death Filings and Trials in Knoxville and Knox County, Tennessee
:
Updated:
Health Care Liability Filing and Disposition Statistics from Tennessee Courts – 2021-22
:
Updated:
Property owner defendants could not rely on statute of repose for defective improvements to real property.
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Washington County, Tennessee
:
Updated:
HCLA dismissal affirmed based on plaintiffs’ failure to name governmental employer as defendant.
:
Updated:
Stats on Tort Trials and Verdicts in Chattanooga and Hamilton County, Tennessee
:
Updated:
Stats About Personal Injury and Wrongful Death Cases and Verdicts in Madison County, Tennessee
:
Updated:
No certificate of good faith required for HCLA case that falls under common knowledge exception.
:
Updated:
Stats on Tort Trials and Verdicts in Memphis, Shelby County, Tennessee
:
Updated:
ACTL Podcast
:
Updated:
Misrepresentation summary judgment affirmed where plaintiffs failed to comply with appellate procedure rules.
:
Updated:
No legal malpractice where plaintiff could not show that he was harmed by representation.
:
Updated:
Stats on Davidson County, Tennessee Tort Trials and Verdicts
:
Updated:
New Procedure and Evidence Blog
:
Updated:
Defamation claim dismissed pursuant to Fair Credit Reporting Act.
:
Updated:
Plaintiff waived objection to discovery from testifying expert where objection was not made until expert deposition was in progress.
:
Updated:
Tennessee GTLA removes immunity for ordinary negligence only.
:
Updated:
Tennessee statute of limitations is based on gravamen of complaint.
:
Updated:
New Books Available – Appellate Standards of Review in Civil and Criminal Cases
:
Updated:
TPPA Petition to Dismiss Does Not Survive Voluntary Dismissal.
:
Updated:
TBA Journal Article – Defamation Cases: Yet Another Landmine
:
Updated:
Intentional interference with business relationships under the GTLA.
:
Updated:
Jury award to plaintiff affirmed where defendant presented evidence that some damages were not caused by the car accident.
:
Updated:
Apartment that failed to maintain wooden bridge liable to tenant in premises liability suit.
:
Updated:
Dismissal of negligent misrepresentation claim affirmed.
:
Updated:
Misinterpretation of the law not deemed excusable neglect under Rule 6.02.
:
Updated:
Funeral home had no duty to supervise burial of body.
:
Updated:
Dismissal of conversion and conspiracy claims vacated.
:
Updated:
Great Podcast
:
Updated:
Last Chance to Order Wrongful Death Book at Reduced Price.
:
Updated:
New Blog – Practical Procedure and Evidence.
:
Updated:
Reduced Price on Pre-Publication Copy of “Tennessee Wrongful Death Law”
:
Updated:
My Newest TBA Column – Defamation Cases – Yet Another Land Mine
:
Updated:
New Blog on Tennessee Procedure and Evidence
:
Updated:
Cases Pending Before the Tennessee Supreme Court – 2022 Wrap-Up
:
Updated:
Free, Helpful Information About the Shelby County, Tennessee Court System
:
Updated:
Free, Helpful Information About the Lawrence County, Tennessee Court System
:
Updated:
Online Tennessee CLE!
:
Updated:
Free, Helpful Information About the Hickman County, Tennessee Court System
:
Updated:
Free, Helpful Information About the Giles County, Tennessee Court System
:
Updated:
Bench trial verdict for plaintiff in truck wreck case based largely on credibility affirmed.
:
Updated:
Justice Programs Seminar – Memphis December 15 and 16
:
Updated:
TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.
:
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
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Updated:
Day on Torts Nugget: Service of Process by Regular Mail During the Coronavirus
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Investigation into Self-Driving Car Crash in Florida
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Attorney not liable for advising client to make true police report
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Runner Hit By Car Found 80% At Fault
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Denial of Motion to Alter or Amend Reinstated by Supreme Court
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Water authority liable for fall where it had notice that meter box was damaged
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Day on Torts Nugget: Service on Companies That Have Not Appointed A Registered Agent in Tennessee.
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Tennessee Supreme Court Upholds Constitutionality of Damage Caps
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Day on Torts Nugget: Tennessee Medical Malpractice Filings and Trials
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Day on Torts Nugget – 2019 Tennessee Trial Data Part 2
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Omission in Appellate Filings Result In Loss
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Landlord not liable for tenant’s fall down stairs.
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Day on Torts Nugget: Standards for Motions to Amend Pleadings in Tennessee
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Police Shooting Victim Loses Case
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Footnote Points Out Issue With Amending Pleadings
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Day on Torts Nugget: Reliance on the Savings Statute after a Voluntary Dismissal
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Inconclusive Causation Testimony Insufficient – Case Dismissed
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Day on Torts Nugget: Be Careful When Suing the State of Tennessee.
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Property owner not liable when employee of independent contractor was injured.
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Day on Torts Nugget – 2019 Tennessee Trial Data Part 1
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Criminal Acts of Third Persons – Injured Party Loses Claim Against Store
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Day on Torts Nugget: Discovery Rule May be Used to Add Vicarious Liability Defendant
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Legal malpractice claim failed based on statute of limitations.
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Day on Torts Nugget – Amending A Complaint After A Defendant Alleges Fault of a Nonparty
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Nursing Home Agreement to Arbitrate – Who Can Bind Patient?
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Defense Claims Counsel Interfered With Ex Parte Interviews of Health Care Providers
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Tennessee Tort Reform – Statutes and Case Law
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False imprisonment statute of limitations begins to run when imprisonment ends.
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Day on Torts Nugget – Amending Complaint While a Motion to Dismiss is Pending
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Thoughts About the Interaction Between Subrogation and Comparative Fault
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HIPAA authorization required after plaintiff sent HCLA notice to multiple providers.
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Tennessee Court Adopts Revisions to Civil Procedure Rules
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How to Authenticate A Facebook Post.
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Seven Reasons To Serve Discovery With Your Complaint
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HCLA certificate of good faith must be separate from complaint
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Day on Torts