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). Here, the first issue was whether the TPPA applied to the facts of this case. In Charles v.

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Prima Facie Case Tort Real Estate Statute 59

Day on Torts

NOVEMBER 15, 2022

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. The Court of Appeals quoted Tenn. In Reiss v. Rock Creek Construction, Inc. ,

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Prima Facie Case Tort Statute Construction 59

Day on Torts

JANUARY 11, 2022

Defendant filed a motion to dismiss, asserting that the BPR decisions on the matter “were res judicata and Plaintiff had failed to establish a prima facie case of legal malpractice.” After a hearing, the trial court granted summary judgment based on the statute of limitations, and the Court of Appeals affirmed.

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Prima Facie Case Legal Legal Tort 59

Day on Torts

NOVEMBER 30, 2020

Focus Designs filed a motion to dismiss, which the trial court granted, finding that plaintiffs had not shown that the injury was foreseeable. In Tennessee, “the employee of an independent contractor enjoys the status of an invitee while performing work on the premises of the owner-contractee.” On appeal, the dismissal was reversed.

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Prima Facie Case Construction Contract Tort 52