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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

Statute 59
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No exception to products liability statute of repose for latent disease or fraudulent concealment.

Day on Torts

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

Statute 59
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XXIInd volume of the Yearbook of Private International Law  (2020/2021) published

Conflict of Laws

The XXIInd volume of the Yearbook of Private International Law (2020/2021) has been released. The National reports section hosts articles on the new Croatian and Uruguayan Private International law Statutes. Thanks to Ilaria Pretelli for the tip-off. . add to this already rich volume.

Laws 52
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Appeal under Tennessee Public Protection Act ruled untimely.

Day on Torts

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. Plaintiff appealed the TPPA dismissal from that June 24 th order.

Tort 59
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Dismissal partially reversed based on fraudulent concealment.

Day on Torts

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. , 28-3-105.)

Tort 59
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Third Issue of 2020’s Journal of Private International Law

Conflict of Laws

The third issue of the Journal of Private International Law for 2020 features the following articles: M Teo, “Public law adjudication, international uniformity and the foreign act of state doctrine” Should courts, when applying foreign law, assess the validity or legality of foreign legislative or executive acts therein?

Laws 52
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Dismissal reversed on claims against church defendants based on alleged cover-up of sexual abuse of minors.

Day on Torts

Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. Woodland Presbyterian , No.

Statute 59