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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

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. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

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Dismissal partially reversed based on fraudulent concealment.

Day on Torts

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. Code Ann. § 28-3-105.) internal citation omitted).

Tort 59
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Summary judgment vacated where trial court order failed to give reasons for decision

Day on Torts

Where the trial court did not provide sufficient reasoning in support of its dismissal of plaintiffs’ various HCLA and informed consent claims, summary judgment for defendants was vacated. Because the trial court did not give sufficient reasons for its decision, summary judgment was vacated on appeal. Gibson , No. Rule 56.04

Statute 59
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New issue alert: RabelsZ 87 (2023), Issue 3

Conflict of Laws

But the measures so far have been piecemeal and were adopted mainly by the Supreme People’s Court (SPC). 22 of the proposed Corporate Sustainability Due Diligence Directive makes companies civilly liable for misconduct committed by their subsidiaries and business partners.

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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

The trial court agreed with defendant that the statute of limitations began to run August 24, 2020, the date patient was discharged, and that the pre-suit notice letter was therefore sent after the limitations period had expired. internal citation omitted). internal citations and quotation omitted).

Statute 59
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Tennessee Legal Malpractice Claim Filed Too Late

Day on Torts

The trial court denied that motion and entered an award for the former employee on July 7, 2017. After this award was entered, County Attorney Robert Husker “began reviewing the court file and investigating the decisions made by [defendant attorney] during the trial.” On appeal, dismissal was affirmed. internal citation omitted).

Legal 59
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Litigation Moneyball: Data Mining Litigators

The Cloud Court Blog

It’s no secret that some bad attorneys pursue their cases without diligence. Want to examine that data while controlling for variables such as matter types, courts, and judges? If you’re interested in mining data to obtain insights, feel free to drop me or someone at Cloud Court a note. What kind of data? The good news?