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. In Simpkins v. John Maher Builders, Inc. ,

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

DECEMBER 5, 2022

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. Accordingly, the Court ruled that, pursuant to Tenn. internal citation omitted). internal citations omitted).

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. §

Statute 59

Statute Cause of Action Court Rules Diligence 59

Day on Torts

AUGUST 9, 2021

The trial court found plaintiff’s testimony that she was not involved in setting up the annuity and had no knowledge of it to be credible, and it ruled that defendant was liable for conversion. These rulings were affirmed on appeal. In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn. Code Ann. § 47-3-118(g). “In

Divorce 59

Divorce Cause of Action Statute Diligence 59

JonathanTurley

JANUARY 19, 2022

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures. Reader’s Digest Association , 443 U.S.

Laws 35

Laws Tort Court Diligence 35