Day on Torts

APRIL 21, 2022

E2020-00688-COA-R10-CV, 2022 WL 1042733 (Tenn. April 7, 2022), plaintiff was the school secretary at an elementary school, and defendant was the employer of school bus drivers for that school. Defendant had filed a motion to dismiss, which the trial court denied, ruling that plaintiff had satisfied the elements of that claim.

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JURIST

JULY 31, 2023

Izhar Ahmed Khan is a 2022 LL.B. The Supreme Court of Pakistan in the case titled Habib Ullah Energy Limited and another v. Law students and law graduates in Pakistan are reporting for JURIST on events in that country impacting its legal system. graduate of the Pakistan College of Law (University of London International Program).

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Day on Torts

APRIL 18, 2023

Information is now available on the number of tort trials and jury verdicts in Knox County, Tennessee for the fiscal year ending June 30, 2022. There were 2164 tort cases closed in Knox County (not including health care liability act cases) and 40 tort trials.

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Mondaq

JUNE 15, 2022

On May 25, 2022, the Alberta Court of Appeal released its decision for Condominium Corporation No. 2022 ABCA 193 ("JV Somerset"). 0522151 (Somerset Condominium) v JV Somerset Development Inc.,

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Conflict of Laws

NOVEMBER 26, 2022

During an online conference on this topic, which took place on the 29 th of September 2022, we had the great honor to host a discussion between well-known academics and leading domestic lawyers, who have dealt with this topic in depth. Regarding domestic jurisprudence, the present issue includes the Supreme Court judgment No.

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Mondaq

JULY 1, 2022

The Alberta Court of Appeal (the "Court") recently heard a summary judgement application involving a condominium board that had made a claim in tort that a developer owed a duty of.

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Day on Torts

NOVEMBER 17, 2022

M2021-01347-COA-R3-CV, 2022 WL 16846642 (Tenn. 10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. Because the trial court applied the wrong intent standard to the issue, dismissal of the trespass claim was vacated.

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Conflict of Laws

NOVEMBER 14, 2022

The 2022 edition once again proved the immense value that the Summer Courses offer. Jean-Marc Thouvenin , Secretary-General of the Academy, this year’s inaugural lecture was given by Dominique Hascher, judge at the Supreme Judicial Court of France. After the welcome speech by prof. These lectures were held by Yas Banifatemi , Diego P.

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Mondaq

SEPTEMBER 12, 2022

During the COVID-19 pandemic, the courts were unable to hold jury trials for many civil claims, particularly MVA and tort cases. This ended in May 2022, and jury trials for civil.

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Mondaq

JANUARY 13, 2022

On January 7, 2022, the Supreme Court of British Columbia (Court) released its decision in Thomas and Saik'uz First Nation v. Rio Tinto.

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Conflict of Laws

JUNE 2, 2022

Lex&Forum expresses its warmest thanks to the President of the Courts of First-Instance of Piraeus Council Judge Mr. Vassilios Tzelepis and the President of the Piraeus Bar Association Mr. Elias Klappas , as well as to all the rapporteurs for their honorable contributions. Vathrakokilis.

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Paralegal.edu

FEBRUARY 11, 2022

On February 26, 2022, at 10:00 AM Central, Center for Advanced Legal Studies will hold its 69th Commencement Ceremony for graduates of its paralegal programs. Sepi has over 20 years of legal and administrative experience with a current focus primarily on personal injury law and related torts. Sepi is involved in all phases of a case.

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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).

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Day on Torts

JUNE 21, 2022

M2021-00563-COA-R3-CV, 2022 WL 2069160 (Tenn. June 9, 2022), plaintiff and defendant husband were in the process of getting divorced. The Court reasoned: Tennessee law has made clear that possession is not sufficient to establish a conversion, defiance of the true owner’s rights must be alleged. internal citation omitted).

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Day on Torts

OCTOBER 18, 2022

E2021-01197-COA-R3-CV, 2022 WL 5295794 (Tenn. 7, 2022), plaintiff went to defendant hospital for treatment for a laceration on his foot. The Court therefore found plaintiff’s “argument regarding direct negligence to be unavailing.”. In Howell v. Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System , No.

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Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

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Day on Torts

JUNE 13, 2022

M2020-01291-COA-R3-CV, 2022 WL 1788274 (Tenn. June 2, 2022), defendant had previously been married to one of the plaintiffs, and a final decree of divorce had been issued in their divorce case. Note: Chapter 28, Section 11 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. In Laferney v. Livesay , No. citing Tenn. Code Ann. § Beavers , 639 S.W.3d

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Day on Torts

SEPTEMBER 7, 2022

Where defendant driver stated that the accident that injured plaintiff passenger was due to her swerving to avoid a wild animal that unexpectedly entered the roadway, and plaintiff “presented no evidence of negligence on the part of the defendant,” summary judgment for defendant was affirmed by the Tennessee Court of Appeals. In Owings v.

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. In the same fiscal year, the Court issued opinions in 63 cases. Link to Court of Appeals Opinions: [link].

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Day on Torts

JULY 26, 2022

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. Plaintiffs, however, did not bring up any argument regarding the Post-Mortem Examination Act in the trial court, so the Court of Appeals refused to consider such argument on appeal.

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Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule. In Jackson v.

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Day on Torts

MAY 13, 2022

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. In the instant case, defendant moved for summary judgment on the legal malpractice claim, which the trial court granted.

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Day on Torts

SEPTEMBER 14, 2022

M2021-00867-COA-R3-CV, 2022 WL 4112706 (Tenn. 9, 2022), plaintiff was a roofer who was injured while working on a homeowner’s roof. After discovery, DSS filed a motion for summary judgment, which the trial court granted. In a brief analysis, the Court of Appeals first considered plaintiff’s premises liability theory.

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Day on Torts

MARCH 24, 2022

W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. 14, 2022), plaintiff had a hip replacement in January 2009 in which a metal-on-metal device was implanted. Defendant filed a motion to dismiss based on the statute of repose, which the trial court granted, and the Court of Appeals affirmed. In Jones v.

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Day on Torts

NOVEMBER 15, 2022

E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. The Court of Appeals quoted Tenn. In Reiss v.

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Day on Torts

AUGUST 2, 2022

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. In its analysis, the Court of Appeals ruled that plaintiffs had constructive notice of their claim in October 2009. Lewis , No. On appeal, this ruling was reversed. Code Ann. §

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Day on Torts

FEBRUARY 22, 2022

M2020-01626-COA-R3-CV, 2022 WL 244108 (Tenn. 27, 2022), plaintiff purchased a piece of property in a distress sale and did not perform an inspection before the purchase. Based on the evidence presented, the trial court granted summary judgment to the State, and the Court of Appeals affirmed. In Walker v. State , No.

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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.

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Day on Torts

MARCH 9, 2022

Moreover, the trial court’s ruling that plaintiff could recover attorney’s fees as compensatory damages under the independent tort theory was also affirmed. M2020-01373-COA-R3-CV, 2022 WL 554288 (Tenn. In HCTEC Partners, LLC v. Crawford , No. Continue reading.

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Day on Torts

JUNE 7, 2022

M2021-00653-COA-R3-CV, 2022 WL 1652552 (Tenn. May 25, 2022) (memorandum opinion), plaintiff was an inmate at defendant county’s jail. The Court pointed out that because plaintiff said he reported the leak while the employees said he did not, the “trial court was faced with directly competing proof.” In Vaughn v.

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Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

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Day on Torts

FEBRUARY 16, 2022

M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. 24, 2022), plaintiff was walking on a sidewalk in a residential neighborhood when she tripped and fell over a sewer cleanout cap that protruded from the middle of the sidewalk. In Garamella v. City of Lebanon , No. internal citation omitted). This opinion was released 1.5

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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.

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Day on Torts

JUNE 15, 2022

E2021-012553-COA-R9-CV, 2022 WL 1788380 (Tenn. June 2, 2022), plaintiff was injured when he crashed his motorcycle after hitting a pothole on a state-owned highway. The court, however, denied the State’s motion, finding that “to hold that both the State and the City were immune from suit would be against public policy.”

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Day on Torts

OCTOBER 24, 2022

E2021-01402-COA-R3-CV, 2022 WL 11584155 (Tenn. 20, 2022), plaintiff filed this HCLA suit on behalf of her son. The trial court granted the motion, finding that defendant had absolute immunity, and the Court of Appeals affirmed. In Parker ex rel. Dassow , No.

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Day on Torts

DECEMBER 5, 2022

M2021-01335-COA-R3-CV, 2022 WL 17175608 (Tenn. 23, 2022), the issues revolved around plaintiff’s purchase of a home. Plaintiff responded by arguing that defendant had waived this argument and that there was material evidence to support the verdict, and the Court of Appeals agreed on both points. In Hogue v.

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