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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn. 31, 2022), patient was hospitalized at defendant hospital from August 7-24, 2020. While “a cause of action generally accrues when an injury occurs,” application of the discovery rule may change the date on which the limitations period begins to run. In Jackson v.

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Wrong defendants in certificate of good faith caption should have resulted in dismissal.

Day on Torts

E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. In Gilbert v. State , No. This opinion was released three months after oral arguments in this case.

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No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.

Day on Torts

E2021-00261-COA-R3-CV, 2022 WL 678568 (Tenn. 8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Bradley , No. internal citation omitted).

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

Day on Torts

M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn. 30, 2022), plaintiff filed a complaint against defendants asserting claims for defamation, invasion of privacy, and intentional interference with business relations. In Adamson v. Grove , No. The TPPA itself explains that the statutory scheme provides a substantive remedy.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.

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Vaccine requirements, cancer claims, and circuit splits

SCOTUSBlog

Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. CVSG: 5/10/2022. In its cert petition, Monsanto seeks to revisit that determination; it also presents an evidentiary question. relisted after the June 9 conference). Sturgis Public Schools , 21-887.