Day on Torts

DECEMBER 5, 2022

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. M2021-01335-COA-R3-CV, 2022 WL 17175608 (Tenn. 23, 2022), the issues revolved around plaintiff’s purchase of a home. In Hogue v.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

MAY 18, 2022

M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. In Simpkins v. John Maher Builders, Inc. , Code Ann. § 28-3-105.) On appeal, dismissal was partially reversed.

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

FEBRUARY 3, 2022

Where the trial court did not provide sufficient reasoning in support of its dismissal of plaintiffs’ various HCLA and informed consent claims, summary judgment for defendants was vacated. W2020-01305-COA-R3-CV, 2022 WL 95167 (Tenn. Gibson , No. Rule 56.04 Rule 56.04 internal citation omitted).

Statute 59

Statute Tort Court Diligence 59

Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. The latest issue of RabelsZ has just been released.

Diligence 57

Diligence Litigation Litigating Legal 57

Day on Torts

NOVEMBER 7, 2022

M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn. 31, 2022), patient was hospitalized at defendant hospital from August 7-24, 2020. Plaintiff was thus not entitled to the 120-day time extension under the HCLA, and the trial court granted dismissal based on untimeliness. In Jackson v. Vanderbilt University Medical Center , No.

Statute 59

Statute Tort Cause of Action Diligence 59

Day on Torts

FEBRUARY 10, 2022

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. The trial court denied that motion and entered an award for the former employee on July 7, 2017.

Legal 59

Legal Legal Tort Statute 59

Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Sommerfeld ) The Proposal for a Directive on Corporate Sustainability Due Diligence The process towards an EU Corporate Sustainability Due Diligence Directive is gaining momentum.

Drafting 52

Drafting Diligence Procedural Law Court 52