Day on Torts

OCTOBER 3, 2022

Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). This case is accordingly an important read for anyone litigating a case that might implicate the TPPA.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

AUGUST 22, 2022

Where an HCLA plaintiff’s expert refused to testify due to no fault of plaintiff or plaintiff’s counsel, the Tennessee Court of Appeals ruled that the trial court should have allowed plaintiff to secure a substitute expert. In Blackburn v. McLean , No. M2021-00417-COA-R3-CV, 2022 WL 3225397 (Tenn.

Court 105

Court Court Rules Depositions Manufacturing 105

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” particularly those with ravenous monkeys. or houses near him.

Tort 43

Tort Litigation Litigating Manufacturing 43

Day on Torts

DECEMBER 17, 2020

Plaintiff responded to the motion and attached to her memorandum a “Declaration of Barbara Lundell,” wherein she explained that she was nervous during her initial deposition and had incorrectly identified where the incident took place. While the trial court relied on Rule 56.06

Depositions 59

Depositions Court Court Rules Litigation 59

Day on Torts

JANUARY 29, 2021

The Governmental Tort Liability Act (GTLA) governs suits against governmental entities in Tennessee, removing immunity for governmental entities only in certain situations. The Court of Appeals affirmed the decision to allow use of the deposition, explaining that pursuant to Tenn. The portion of the Act in question here, Tenn.

Tort 59

Tort Depositions Court Sports 59