The Crime Report

JUNE 29, 2022

A number of new tough-on-crime laws are set to take effect in Tennessee starting Friday, July 1, the Chattanoogan reports. One law taking effect will require a sentence of life in prison without the possibility of parole —or the death sentence—for anyone convicted of first degree murder, rape or attempted rape and rape of a child.

Felony 40

Felony Contract Laws 40

Day on Torts

SEPTEMBER 9, 2022

Defendant Wolf Tree (Wolf) filed a motion for summary judgment arguing that it owed no duty to plaintiffs because “its contract with SCES explicitly stated that it was not to prune service drops,” because “it had no statutory or common law duty,” and because “Plaintiffs could show no evidence of a negligent or intentional trespass or nuisance.”

Contract 52

Contract Tort Court Rules Statute 52

Day on Torts

MARCH 22, 2022

8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. When the business was unable to finish the work project, the company for whom the work was to be done enforced its contract with plaintiff and her husband and took possession of various properties owned personally by plaintiff and her husband.

Contract 52

Contract Tort Real Estate Cause of Action 52

Mondaq

AUGUST 4, 2022

The doctrine of "first material breach" is well established under Tennessee case law. Under the doctrine, "[a] party who has materially breached a contract is not entitled to damages stemming.

Contract 40

Contract Laws 40

Mondaq

DECEMBER 4, 2021

District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to block the enforcement of the vaccine mandate for federal contractors and subcontractors in all covered contracts in Kentucky, Ohio, and Tennessee.

Contract 40

Contract Court 40

LegalReader

JUNE 9, 2022

National construction law firm Smith Currie responds to Tennessee construction growth and commercial real estate expansion by opening new Nashville office.

Construction 59

Construction Law Firm Law Firms Real Estate 59

Day on Torts

MAY 17, 2024

Proof related to potential damages alone are insufficient to sustain a legal malpractice claim in Tennessee. Plaintiff and defendant previously contracted for defendant to represent plaintiff in claims related to an automobile accident. Vaughan , No. E2023-00930-COA-R3-CV (Tenn. Defendant moved for summary judgment.

Legal 52

Legal Legal Contract Statute 52

Day on Torts

JULY 23, 2021

Whether [plaintiff] was covered by either her or Mr. Tinnin’s auto policy is a question of contract, whereas the issue of liability is a question of negligence. The Court explained: [T]he issue of coverage is not dependent on the issue of liability.

Depositions 59

Depositions Court Contract Court Rules 59

Day on Torts

JUNE 21, 2022

The Court pointed out that there is no Tennessee caselaw supporting the argument that “a lease or bailment was sufficient to meet the final element of conversion…,” but that caselaw instead “confirms that, in the typical case, the true owner of a property subject to a bailment is the bailor, not the bailee.”

Tort 59

Tort Divorce Statute Contract 59

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property.

Tort 59

Tort Statute Diligence Contract 59

Law 360

OCTOBER 19, 2021

to Tennessee federal court Tuesday in a bid to force the company to abide by their long-term contract, saying Hematite has threatened to cut off delivery if the automaker didn't meet its demand for more money. Volkswagen took parts supplier Hematite Inc.

Contract 40

Contract Court 40

Day on Torts

FEBRUARY 2, 2023

City of Clarksville, Tennessee , No. This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. 29-20-205, which states that immunity is not removed “if the injury arises out of…interference with contract rights.” In Robinson v.

Tort 59

Tort Contract Cause of Action Construction 59

Day on Torts

MAY 13, 2022

After also affirming the trial court’s denial of plaintiff’s motion to continue and motion to amend, and well as affirming summary judgment in favor of defendant on his breach of contract counterclaim, the trial court’s ruling was affirmed in whole. This opinion was released two months after oral arguments in this case.

Legal 59

Legal Legal Tort Statute 59

Day on Torts

FEBRUARY 16, 2022

Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Note: Chapter 41, Section 7 and Chapter 89, Sections 1 and 6 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Construction Statute Court 59

The Crime Report

AUGUST 26, 2022

prisons from the end of February 2020 to the end of February 2021 saw the number of people in the custody of state, federal or privately operated prisons under state or federal contracts drop by more than 16 percent, the study found. Overall, U.S.

Contract 105

Contract 105

The Crime Report

JANUARY 30, 2023

a professor of Criminal Justice Administration at Middle Tennessee State University. Using contracts and rating systems, the sharing economy could reduce crime, increase safety, and provide alternatives to traditional, government-run justice systems. Criminal investigations could be quicker and more evidence-rich.

Contract 105

Contract Government Legal Legal 105

The Hollywood Lawyer

AUGUST 30, 2022

Teresa La Dart, a writer from Memphis, Tennessee, has sued star Taylor Swift for $1 million for alleged copyright infringement. The lawsuit claims that Swift plagiarised sections of her book for her 2019 album ‘Lover.’

Lawyer 74

Lawyer Lawyers Entertainment Contract Law 74

Day on Torts

SEPTEMBER 14, 2022

The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. Note: Chapter 89, Section 1 and Chapter 30, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Construction Court Statute 59

Day on Torts

FEBRUARY 24, 2021

56-7-135(b) that payment of an insurance premium “creates a rebuttable presumption that the coverage provided has been accepted by all insureds under the contract” applies in claims against insurance agents for negligent failure to procure an insurance policy. The statutory presumption created by Tenn. Code Ann. § In Parveen v. 3d 113 (Tenn.

Statute 59

Statute Contract Court Laws 59

Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc. M2020-01417-SC-R23-CV (Tenn.

Statute 59

Statute Construction Cause of Action Misdemeanor 59

Day on Torts

FEBRUARY 14, 2022

56-7-135(a) creates a rebuttable presumption that a person who signs an insurance contract “has read, understands, and accepts the contents of such document,” and plaintiff did not rebut that presumption, the trial court properly granted summary judgment to defendants on plaintiff’s claims for negligence and negligent misrepresentation.

Contract 59

Contract Statute Court Legal 59

JURIST

NOVEMBER 3, 2022

Additionally, the Vermont Supreme Court ruled in 1802 that once crossed over into Vermont, a slave contract from another state was unenforceable. Article 1 of Vermont’s Constitution states “[t]hat all persons are born equally free and independent.” Thus, Proposal 2 will not do anything new in terms of constitutional rights.

Drafting 197

Drafting Constitutional Law Contract Court Rules 197

The Crime Report

DECEMBER 2, 2021

In the 19th century, Appleman wrote, American cities’ economies were tied to tlabor contracts secured through private businesses and penal servitude. Most states followed the “Auburn system” which detailed that an inmate’s labor could be contracted to a private entity by day — and they be retired to a cell by night.

Contract 145

Contract Family Law Immigration Criminal Law 145

SquirePattonBoggs

JANUARY 6, 2022

That mandate, issued by the Safer Federal Workforce Task Force, requires employees of federal contractors in “covered contracts” to become fully vaccinated against COVID-19. Kentucky, Ohio, Tennessee, and two Ohio sheriffs’ offices filed suit in the Eastern District of Kentucky, seeking declaratory and injunctive relief.

Government 45

Government Contract Court 45

Day on Torts

MARCH 11, 2022

While the Court pointed out that neither party had suggested that the power of attorney for health care in this case failed to comply with Tennessee law, it did conclude that Tenn. Code Ann. § Code Ann. § 68-11-1801.” (internal citation omitted).

Attorney 59

Attorney Statute Healthcare Court 59

Day on Torts

OCTOBER 27, 2023

The Supreme Court held that the immunity provisions in Durable Power of Attorney for Health Care Act and the Health Care Decisions Act did not bar the trial court from considering evidence of the decedent’s mental capacity.

Attorney 52

Attorney Healthcare Court Contract 52

Day on Torts

MARCH 29, 2022

Shortly after the purchase, plaintiffs discovered the home was contaminated with mold, and they filed this action asserting claims for breach of contract, negligence, gross negligence, negligent misrepresentation, and intentional misrepresentation. of the Tennessee Rules of Civil Procedure.

Court 59

Court Real Estate Cause of Action Contract 59

Day on Torts

APRIL 25, 2022

Our General Assembly has made it clear by statute…that healthcare decision-making pursuant to a power-of-attorney in Tennessee requires specific authorization by healthcare power-of-attorney. …In The Court looked to a 2017 Tennessee Supreme Court Case, Beard v. I think it likely the Tennessee Supreme Court will review this case.

Attorney 59

Attorney Healthcare Court Rules Court 59

Day on Torts

AUGUST 12, 2021

Where defendant doctor was an employee of a governmental entity and plaintiffs failed to name the employer in their HCLA suit, dismissal under the Tennessee GTLA was affirmed. In Braylon W. Walker , No. W2020-00692-COA-R3-CV (Tenn. WTMG is a governmental entity under the definitions in the Governmental Tort Liability Act.

Tort 59

Tort Court Statute Contract 59

Day on Torts

AUGUST 11, 2021

The Court of Appeals affirmed exclusion of his testimony, explaining: In sum, the City offered Dr. Stewart’s testimony to establish that the amount billed is not the amount paid due, in part, to private contracts between the hospital and third parties. quoting Dedmon v. internal citation omitted).

Compensatory Damages 59

Compensatory Damages Depositions Contract Court 59

Day on Torts

SEPTEMBER 22, 2021

Plaintiff asserted claims for breach of contract, negligence, and negligent infliction of emotional distress. The trial court dismissed the breach of contract and emotional distress claim sua sponte , based on the City ordinance stating that participation in the retirement system did not create a contract, and based on Tenn.

Tort 59

Tort Contract Court Administrative Law 59

Day on Torts

NOVEMBER 30, 2020

In Tennessee, “the employee of an independent contractor enjoys the status of an invitee while performing work on the premises of the owner-contractee.” In Thompson v. Southland Constructors , No. M2019-02060-COA-R3-CV (Tenn. On appeal, the dismissal was reversed. internal citation omitted). internal citation and quotation omitted).

Prima Facie Case 52

Prima Facie Case Construction Contract Tort 52

Vanguard

MAY 20, 2020

Beaches fill in Florida and bars fill in Wisconsin while restaurant owners report tepid responses in Nashvill e , Tennessee , after the removal of a shelter-in-place order. While Tennessee Gov. A possibility that fascinates her is how contract tracing for COVID-19 exposure will be carried out. .

Attorney 75

Attorney Contract Government Legal 75

The Crime Report

DECEMBER 28, 2021

The paper cited research in Iowa and Tennessee showing that tightening jail visitation rules led to an increase in disciplinary infractions and in assaults on correction staff. Similarly, when authorities in the Travis County, Texas jail banned in-person visitation, the facility recorded an escalation of violence and contraband.

Contract 122

Contract Technology 122

Strictly Business

FEBRUARY 12, 2024

a contract for a service the buyer already has). The buyer often only agrees to take current accounts payable and the obligation to perform contracts it assumes after the closing. personal vehicles, phones, and phone numbers, etc.) and there may be some assets the buyer simply doesn’t want (e.g.,

Diligence 83

Diligence Real Estate Contract Business Services 83

Day on Torts

MARCH 12, 2021

Defendant relied on the fee agreement that bore plaintiff’s signature, which stated that the associate time would be $350/hour and defendant’s time would be $375/hour, and the trial court found that this contract was valid, as plaintiff had no proof of the alleged forgery. internal citation omitted). Inman , 974 S.W.2d 2d 689 (Tenn.

Attorney 59

Attorney Court Contract Divorce 59

Broadcast Law Blog

FEBRUARY 27, 2023

The proposal is a broad one, proposing to prohibit any agreement that has the same effect as a noncompete agreement, including broad nondisclosure agreements that would preclude a worker from working in their field at a new company, or contract clauses that require an employee to repay a company for training costs if the employee leaves the company.

Calendaring 97

Calendaring Manufacturing Drafting Contract 97