SCOTUSBlog
NOVEMBER 22, 2021
Share Confirming expectations, the Supreme Court on Monday unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater. Georgia , the complaining state has a heavy burden of demonstrating that the other state’s water use is causing the complaining state significant injury.
SCOTUSBlog
OCTOBER 1, 2021
Tennessee is not only the Supreme Court’s first oral argument of the 2021-22 term, but it is also the first time that states have asked the court to weigh in on how they should share an interstate aquifer. Tennessee , therefore, is whether the equitable apportionment doctrine (automatically) applies to groundwater resources.
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Day on Torts
DECEMBER 20, 2021
After decedent’s death, plaintiffs filed this suit in Tennessee, attempting to have the remaining settlement proceeds distributed as wrongful death proceeds rather than having them distributed under decedent’s will. Decedent himself ultimately accepted a settlement in lieu of further litigation. In Welch v. Welch , No.
SCOTUSBlog
OCTOBER 6, 2021
Tennessee , dealt with Mississippi’s claim that Memphis, Tennessee, is stealing Mississippi’s groundwater. Arguing for Mississippi, Mississippi Deputy Solicitor General John Coghlan repeatedly emphasized the extraterritorial effect of Memphis’ pumping from an aquifer that straddles the Mississippi-Tennessee border.
Day on Torts
APRIL 15, 2022
After all defendants filed motions to dismiss, the trial court entered an order dismissing all claims, finding that all the claims were based on the premise that the adoption process was illegal under Tennessee law, but that it was not. The trial court also found alternative grounds for dismissal as to some defendants, including Ms.
Day on Torts
MAY 3, 2022
Perry County, Tennessee , No. The Tennessee Supreme Court “has adopted a planning-operational test to determine whether a decision is discretionary within the meaning of the GTLA,” explaining that “planning or policy-making decisions are immune from liability” while “operational decisions do not enjoy the same protection.” In Haynes v.
Day on Torts
JANUARY 11, 2021
Dyer County Tennessee , No. The Court of Appeals first analyzed whether a special relationship was created by the deputy’s actions. Anyone litigating a case where the Public Duty Doctrine might be an issue would be wise to read this opinion and be aware of the multiple other cases it cites. In Kimble v.
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