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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , quoting Tenn. Code Ann. §

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Dismissal Based on Lack of Foreseeability Reversed.

Day on Torts

In Tennessee, “the employee of an independent contractor enjoys the status of an invitee while performing work on the premises of the owner-contractee.” In Thompson v. Southland Constructors , No. M2019-02060-COA-R3-CV (Tenn. On appeal, the dismissal was reversed. internal citation omitted). internal citation and quotation omitted).