article thumbnail

Tennessee statute of limitations is based on gravamen of complaint.

Day on Torts

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. 21, 2023), plaintiff was pulled over by a sheriff’s deputy employed by defendant county. In Anderson v. Lauderdale County, Tennessee , No. W2022-00332-COA-R3-CV (Tenn.

Statute 59
article thumbnail

Dismissal based on statute of limitations affirmed; court relied on judicial notice of court file

Day on Torts

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Pakistan dispatch: monsoons prompt concerns about official negligence aggravating environmental devastation

JURIST

According to a report issued by the National Disaster Management Authority (NDMA), from 25 th June 2023 to 30 th July 2023, at least 179 people, including women and children, are dead and 264 people are injured due to various rain-related incidents, mainly involving electrocution and building collapse.

Tort 197
article thumbnail

New issue alert: RabelsZ 87 (2023), Issue 3

Conflict of Laws

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism.

article thumbnail

Jury award to plaintiff affirmed where defendant presented evidence that some damages were not caused by the car accident.

Day on Torts

27, 2023), plaintiff and defendant were involved in a car accident when they approached traffic on the interstate that had slowed significantly and defendant rear-ended plaintiff’s car. Note: Chapter 25, Section 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Besses v.

Tort 52
article thumbnail

Justices take up Native health care funding cases and a dispute over sentencing guide

SCOTUSBlog

Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. The justices granted review in two cases, Becerra v. And in Erlinger v.

article thumbnail

The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

ClimateChange-ClimateLaw

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. In late 2023, LSEW committed “to being net zero by 2030” in its operations.

Lawyer 110