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.

Tort 59

Tort Depositions Depose Court 59

Paralegal Bootcamp

JANUARY 4, 2024

Prepare for depositions, mediations, and arbitrations. Prepare for depositions, mediations, and arbitrations. that the attorney might want to use during these depositions, mediations, and arbitrations. All of the work that a litigation paralegal does is usually tied to a deadline set by the court rules or the judge.

Paralegal 130

Paralegal Paralegals Litigation Litigating 130

Day on Torts

SEPTEMBER 9, 2022

The contract incorporated the terms of the SCES Manual, and looking at those two documents plus the deposition testimony from witnesses, the Court found that trees of a certain size and trees located beyond the 10-foot right of way were to be removed “at the sole discretion of SCES or SCES Project Representative.”

Contract 52

Contract Tort Court Rules Statute 52

Day on Torts

OCTOBER 3, 2022

If a party petitions for dismissal under the TPPA and “makes a prima facie case that they have participated in a protected activity under the TPPA, the court may then dismiss the action against them, unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.”

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

JANUARY 29, 2021

The Governmental Tort Liability Act (GTLA) governs suits against governmental entities in Tennessee, removing immunity for governmental entities only in certain situations. Defendants first argued that Mr. Mosby’s actions in this case qualified as an assault or battery, an intentional tort for which immunity would not be removed.

Tort 59

Tort Depositions Court Sports 59

Day on Torts

AUGUST 9, 2021

Defendant signed both his own name and plaintiff’s name on the check, then deposited the proceeds into a joint account he shared with his then wife. Although the discovery rule does not apply to the statute of limitations for conversion of negotiable instruments, the limitations period can be tolled by a showing of fraudulent concealment.

Divorce 59

Divorce Cause of Action Statute Diligence 59

JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

Tort 44

Tort Litigation Litigating Manufacturing 44