Remove 2022 Remove Attorney Remove Statute Remove Tort
article thumbnail

Appeal under Tennessee Public Protection Act ruled untimely.

Day on Torts

E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. 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. In Laferney v.

Tort 59
article thumbnail

Conversion claim was time-barred due to plaintiffs’ constructive notice of claim.

Day on Torts

E2021-01156-COA-R3-CV, 2022 WL 2866006 (Tenn. July 21, 2022), plaintiffs were the adult daughters of decedent and defendant was the widow of decedent. Decedent’s brother Don had a springing power of attorney (POA) for decedent. There was also testimony that Don and plaintiff consulted with an attorney at this time.

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

Tennessee Legal Malpractice Claim Filed Too Late

Day on Torts

M2020-01438-COA-R3-CV, 2022 WL 168145 (Tenn. 19, 2022), plaintiff county filed this legal malpractice suit against defendant attorney who had represented the county in an underlying action filed by a former county employee. In Coffee County v. Spining , No. Based on this review, the county filed a notice of appeal in that case.

Legal 59
article thumbnail

TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.

Day on Torts

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn.

Tort 59
article thumbnail

Expert Needed for Legal Malpractice Case to Survive

Day on Torts

M2020-01209-COA-R3-CV, 2022 WL 1220917 (Tenn. April 26, 2022), plaintiff was represented by defendant attorney in an underlying case in which plaintiff asserted several claims, including malicious prosecution. Rogers , No. Instead, Plaintiff has simply offered his lay opinions.

Legal 59
article thumbnail

No civil liability for sharing truthful information about matter of public concern.

Day on Torts

M2021-01021-COA-R3-CV, 2022 WL 2718659 (Tenn. July 13, 2022), plaintiffs’ son died and the local police department ruled the death a suicide. On the contrary, they were public records obtained through the Mississippi Attorney General’s Office. In Adreacchio v. Hamilton , No. Summary judgment was therefore affirmed.

Tort 59
article thumbnail

Dismissal affirmed where HCLA pre-suit notice was sent to wrong entity.

Day on Torts

M2021-00314-COA-R3-CV, 2022 WL 1633552 (Tenn. May 24, 2022) , plaintiff suffered antibiotic tendonitis, a traumatic rupture to a tendon in her ankle, and chronic tendonitis after being prescribed medication for a cough that had an adverse reaction with the steroids she had been taking for years. In Breithaupt v.

Tort 59