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US Supreme Court declines North Carolina appeal in undercover investigations case

JURIST

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. The challenged statute, N.C. The court stated that the law substantially “burden[ed] newsgathering and publishing activities.”

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Dismissal based on statute of limitations affirmed; court relied on judicial notice of court file

Day on Torts

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

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Appeal under Tennessee Public Protection Act ruled untimely.

Day on Torts

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. Plaintiff appealed the TPPA dismissal from that June 24 th order. citing Tenn.

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

Day on Torts

Decedent’s brother Don had a springing power of attorney (POA) for decedent. One of the two plaintiff daughters also testified at trial that she got a phone call from decedent on October 5, 2009, in which decedent stated that he had taken her and Don “off” his power of attorney. On appeal, this ruling was reversed. Code Ann. §

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Tennessee Legal Malpractice Claim Filed Too Late

Day on Torts

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. In Coffee County v. Spining , No.

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Court explores continued private enforcement of spending clause enactments

SCOTUSBlog

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins centered the fundamental error in the court’s precedent allowing individuals to enforce spending clause enactments through Section 1983. of Marion County v.

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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. In Adamson v. Grove , No. Rule 41.01

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