:
Updated:
Expert proof needed on standard of care in legal malpractice case.
:
Updated:
Noneconomic damages cap should be applied to each plaintiff separately in personal injury cases.
:
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”
:
Updated:
Med Mal Notice Statute and Governmental Entities
:
Updated:
Default Judgment in Injury Case Requires Hearing on Damages
:
Updated:
Fall-Down Case Goes to Jury
:
Updated:
Exculpatory Provision Enforced in Transportation Agreement
:
Updated:
No Invasion of Privacy When Information Was Already Public
:
Updated:
Negligent Supervision Allowed Under Tennessee Claims Commission Act
:
Updated:
Battery Claim Proceeds In Absence of Significant Injury
:
Updated:
Tennessee Court Explains Duty to Supplement Discovery and Expert Testimony
:
Updated:
More on Pre-SuitNotice, HIPAA, in Tennessee Medical Malpractice Cases
:
Updated:
Case Dismissed Given Deficient Expert Testimony
:
Updated:
Tennessee Uninsured Motorist Claims Subject to Six-Year Statute of Limitations
:
Updated:
Liability of Tennessee for Inmate-on-Inmate Attacks
:
Updated:
No HIPAA Form Required in Single Defendant HCLA Case
:
Updated:
Inmate Injured on Work Detail – Recovery Limited to Medical Expenses
:
Updated:
Court of Appeals Discusses Tennessee Car Accident Damages
:
Updated:
No Negligent Misrepresentation Claim Based on Future Event
:
Updated:
Application of Tennessee Savings Statute When Initial Filing Deadline Missed
:
Updated:
Nuisance, Invasion of Privacy, IIED, and Chickens
:
Updated:
Mothers, Minors and Medical Bills
:
Updated:
Special Duty Doctrine Applied Against 911 Agency in Suicide Case
:
Updated:
Failure to Include Causation Evidence Ends Malpractice Case
:
Updated:
Negligent Infliction of Emotional Distress Claim Against Hospital Goes to Jury
:
Updated:
Serving Rule 11 Motion on Opposing Counsel Not Considered “Process” for Abuse of Process Claim
:
Updated:
Fraudulent Misrepresentation Case Falls Short
:
Updated:
Statute of Limitations Bars Mother’s Claim Against Health Care Provider
:
Updated:
$3 Million Dollar Verdict Vacated Due to Defective Verdict Form
:
Updated:
No HIPAA Form Required in Single Defendant Medical Negligence Case
:
Updated:
Slander Subject to Six-Month Statute of Limitations
:
Updated:
Jury Verdict For Defendant Affirmed in Brentwood Car Wreck Case
:
Updated:
Forum Non Conveniens in Tennessee Personal Injury Cases
:
Updated:
No Expert Needed Where EMT Allegedly Punched Patient
:
Updated:
Claims of “Beatings” By Medical Personnel Not Subject to Tennessee HCLA
:
Updated:
Case Remanded For Entry of Order that States Reasons for Ruling
:
Updated:
61% Remittitur Affirmed in Tennessee Injury Case
:
Updated:
No Proof of Causation where Cause of Fire Not Identified
:
Updated:
County Not Responsible for Suicide of Recently Released Inmate
:
Updated:
Testimony on Whether Doctor “Did Her Best” Excluded in Medical Malpractice Case
:
Updated:
No Emotional Distress Claim Based on Negligent Destruction of Property
:
Updated:
Tennessee COA Reverses Order – Too Similar to that Drafted by Winning Party
:
Updated:
Enforcing Tennessee Settlement Agreements in Injury Cases
:
Updated:
Employer Liability for Criminal Acts of Employees
:
Updated:
Tennessee Court Studies Independent Contractor Rules
:
Updated:
Court Finds Exit Ramp Roadway Meets Safety Standards
:
Updated:
Acknowledgement Letter Used to Establish Pre-suit Notice
:
Updated:
Patient Alleging Rape at Hospital – Pre-suit Notice Not Required
:
Updated:
No Defect Arises By Decorating Handrail
:
Updated:
It Takes Evidence to Defeat A Motion for Summary Judgment
:
Updated:
The Latest Intentional Interference with Business Relationships Decision
:
Updated:
Amount of Attorneys’ Fees Awarded as Sanction Must be Causally Related to Misconduct
:
Updated:
No Negligence in Porch Collapse During Party
:
Updated:
No Misrepresentation where Plaintiffs Had Access to Information
:
Updated:
Summary Judgment Vacated When Order Failed to State Reason for Decision
:
Updated:
Statute Regarding Community Supervision of Sex Offenders Did Not Confer Private Right of Action
:
Updated:
Fitness Facility Had No Duty to Use AED on Injured Patron
:
Updated:
Tennessee Personal Injury and Wrongful Death Trial Statistics 2015-16
:
Updated:
Tennessee Slip and Fall Case Fails Without Proof of Causation
:
Updated:
HCLA (Medical Malpractice) Claim Dismissed – Notice Insufficient
:
Updated:
Medical Malpractice Claims Declining
:
Updated:
Limit on Right of Surviving Spouse to Bring Wrongful Death Claim
:
Updated:
Contractual Waivers and Medical Expense Recovery by Minors
:
Updated:
Longer Hours Ahead for Medical Residents
:
Updated:
One Year Statute of Limitations Bars Misrepresentation Claims
:
Updated:
Plaintiff’s Verdict Affirmed in Head-On Crash Caused by Police
:
Updated:
Sexual Assault in School Held Not Foreseeable
:
Updated:
Maury County Fall Down Case Falls Down. Hard.
:
Updated:
Exclusion of Expert Testimony Reversed – New Trial Ordered
:
Updated:
Tennessee’s “Rule of Sevens” Applied to Dismiss Case
:
Updated:
Sanctions Awarded Against Lawyers After Abuse of Process Case Dismissed
:
Updated:
Tennessee Slip And Fall Case Dismissed
:
Updated:
Court Orders New Trial – Jury Disregarded Expert Testimony
:
Updated:
Father Had Duty to Hold Ladder for Son During RV Exterior Cleaning
:
Updated:
Certificate of Good Faith Required When Expert Must Prove Causation
:
Updated:
Proving Damages in a Conversion Case
:
Updated:
Pro Se Plaintiff Allowed to Proceed with Part of Claim Against Chiropractor
:
Updated:
Employer Had No Duty to Prevent Employee From Leaving Store in His Own Car
:
Updated:
Article Shows Misinformation About Malpractice Litigation
:
Updated:
Blank HIPAA Form Deemed Non-Compliant by Tennessee Court
:
Updated:
Open and Obvious Danger Not Automatic Bar to Fall-Down Claim
:
Updated:
Rental Car Driven by Renter Considered an Uninsured Motor Vehicle
:
Updated:
Issue Concerning Naming Proper Defendant in Complaint
:
Updated:
Security Guards and the Independent Contractor Rule
:
Updated:
Statute of Limitations Bars Legal Malpractice Claim
:
Updated:
Notice and HIPAA Form Also Required for Re-Filed HCLA Claim
:
Updated:
Suit Against Local Government Over Sewer Issues
:
Updated:
Ex Parte Communications With Treating Physicians – TN Statute Ruled Unconstitutional
:
Updated:
Upcoming Seminar – Knoxville, Nashville and Memphis
:
Updated:
Lawyer Wisely Drops Chicken-Choking Case
:
Updated:
Tennessee Jury Verdict More Than 40 Times Medical Expenses Affirmed
:
Updated:
Nonsuit OK When Motion to Dismiss is Pending in Medical Malpractice Case
:
Updated:
Upcoming Seminar – Justice Programs
:
Updated:
Nonsuit OK When Motion to Dismiss is Pending – Even in Medical Malpractice Cases
:
Updated:
Tennessee COA Reverses Trial Judge’s Finding of Negligence
:
Updated:
Tennessee GTLA Claim Regarding Water Meter Hole Not a Premises Liability Case
:
Updated:
Supervision of Mental Patient Issue That Requires Expert Testimony
:
Updated:
Evidence of Intoxication is Not Necessarily Sufficient to Establish Liability
:
Updated:
Property Owner Can Owe a Duty to Volunteers Roofers
:
Updated:
Another Water-on-Floor Slip and Fall Falls
:
Updated:
Death of Lawyer’s Infant Son is “Extraordinary Cause” under HCLA
:
Updated:
Sudden Emergency Jury Instruction Allowed Without Comparative Fault Defense
:
Updated:
Settlement of Personal Injury Cases for Minors in Tennessee
:
Updated:
Sexual Assault in School: Duty Turns on Material Fact Dispute
:
Updated:
Snow and Ice Fall-Down Cases in Tennessee
:
Updated:
Changing Times for Personal Injury Lawyers
:
Updated:
Plaintiff Permitted to Proceed on Multiple Theories of Liability
:
Updated:
Liability of Public Hospital Where Allegations Related to Non-Employee Doctors
:
Updated:
No Tort Claim Where Plaintiff Was Found To Have Caused Her Own Loss
:
Updated:
Tennessee Legal Malpractice Statute of Limitations
:
Updated:
Reasonable Medical Expenses – Billed Amount or Negotiated Amount?
:
Updated:
Ex Parte Interviews Not Preempted by HIPAA
:
Updated:
Bench Trial Judgment for Plaintiff Reversed Due to Lack of Factual Findings
:
Updated:
Jury Verdict for Plaintiff in Tennessee Truck Accident Case Affirmed
:
Updated:
Summary Judgment Ruling Trips Up Plaintiff’s Elevator Case
:
Updated:
The “Law of The Case” and Its Exceptions – Tennessee Style
:
Updated:
Waiver Trips Up Injury Case Against YMCA
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Updated:
Tesla’s Driverless Car Crash Raises Evidence Collection Issue
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Legal Malpractice – Statute of Limitations – Discovery Rule
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Three-Inch Step From Store to Sidewalk Not a Dangerous Condition
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Proof of Actual Malice in False Light Case
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No Reasonable Reliance in Money Washing Scheme
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The Court of Appeals addressed an issue of first impression regarding the interpretation of a wrongful death statute related to a surviving spouse who has outstanding child support obligations.
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Glass Display Case in Retail Store Not a Dangerous Condition
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No Causation Found For Plaintiff Injured by Dorm Fire Alarm
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Refusal to Strike HCLA Expert Affirmed
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Summary Judgment Reversed in Legal Malpractice Case
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Filing Notice of Claim Triggers Waiver Provision
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Public Duty Doctrine Gives Immunity to City When Suspect Stole Police Car
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Tennessee Savings Statute Fails to Preserve Claims Not Asserted in Original Filing
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Claims Against an Employer Can Proceed Even After Employer Admits Vicarious Liability
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Vehicle Photos Allowed into Evidence in Rear-End Collision Case.
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HCLA Statute of Limitations Issue A Jury Question
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2016 Day on Torts Book Supplement Available
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Tennessee Recreational Use Statute Strikes Again
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Expert’s Failure to Disclose Income As Expert – Round 3
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Kitchen Sink Complaint Goes Down Drain.
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Expert Not Needed in Wobbly Stool Case
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Premises Case Rejected on Summary Judgment
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Is a Voluntary Dismissal With Prejudice a “Favorable Termination”
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TRCP 16 Provides for Scheduling Orders Not Scheduling Suggestions
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The Verdict for Erin Andrews – What Happens Next?
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Property Owner Not Liable Where Another Entity Operated Clinic
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Trip Over Three-Inch Threshold Presents Question for Jury
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Data on Medical Malpractice Claims Against Anesthesiologists
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2014-15 Tennessee Tort Filings and Damage Awards Data
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Plaintiff Wins Case Involving Crash With Fire Rescue Vehicle
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1% of Doctors = 32% of Malpractice Claims
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Slip and Fall Case Dismissed WhenTestimony and Other Evidence Did Not Align
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Summary Judgment Affirmed Where Dog Had Never Bitten Anyone Before
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HCLA Claim Dismissed Where One of Eight Providers was Named on HIPAA Form
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Tolling Due to “Adjudicated Incompetent” Requires That There Was Judicial Intervention
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Tennessee Testimonial Harlot Protection Act of 2016
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Curb Cut for Wheelchair Ramp Held Not To Be “Dangerous Condition”
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Expert Rejected. Motion to Continue Rejected. Case Dismissed.
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HIPAA-Compliant Authorization Still Required where Defendant is only Health Care Provider at Issue
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Gross Negligence Affirmed where Advertisement Misrepresented Mini Storage
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Article in TBA Journal About Comparative Fault Issue
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2016 Rule Package Released
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Plaintiff Who Turned Left on Red 50% at Fault as Matter of Law
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Hotel’s Holiday Ice Slides Not a “Public Playground”
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Low Damage Award Set Aside by Appellate Court
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Merely Providing Affidavit To Employer Cannot Give Rise to Malicious Prosecution Claim
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Judge Must Give Basis for Summary Judgment Decision
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Parents Win Dismissal of Case For Allowing Minor Daughter to Drive ATV
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“Health Care Liability Claim” Includes Dropping Patient While Putting Her in Car
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On Eulogies and Obituaries
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Impact of Lost Product Under Tennessee Products Liabilty Law
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Summary Judgment Reversed in Conversion Case
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False Light Claim Knocked Out – No Proof of Malice
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Alleged Road Defect Case Rejected by Tennessee Court of Appeals
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Medical Malpractice Plaintiff Burned by Pre-2011 Notice Law
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Tennessee Supreme Court Overturns Hannan Summary Judgment Standard
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Circumstantial Evidence and Summary Judgment
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Constitutional Challenge to Damage Cap Must Award Verdict
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Statute Trumps Court Decision – “Ordinary” Negligence Claims Essentially Gone in Medical Malpractice Cases
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Tennessee Effectively Reduces Statute of Limitations in Claims Filed Against the State
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Defamation by Implication under Tennessee Law
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Yet Another Nursing Home Arbitration Case
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Following Established Procedure Not A Discretionary Function Under Tennessee GTLA
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Act Quickly To Solve Problems with Service of Process
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Intentional Interference With Business Relations Requires Proof of Damages
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Products Liability Case Given New Life By Sixth Circuit
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Day on Torts