Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

NOVEMBER 15, 2022

The trial court denied the TPPA motion to dismiss, and plaintiffs appealed this denial, which was vacated on appeal due to the trial court’s use of the wrong analysis. The Court of Appeals quoted Tenn. 20-17-105(a)(b); additional citation omitted). internal citation omitted). internal citation omitted).

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Day on Torts

JANUARY 11, 2022

Defendant filed a motion to dismiss, asserting that the BPR decisions on the matter “were res judicata and Plaintiff had failed to establish a prima facie case of legal malpractice.” After a hearing, the trial court granted summary judgment based on the statute of limitations, and the Court of Appeals affirmed.

Prima Facie Case 59

Prima Facie Case Legal Legal Tort 59

Day on Torts

NOVEMBER 30, 2020

Focus Designs filed a motion to dismiss, which the trial court granted, finding that plaintiffs had not shown that the injury was foreseeable. The trial court had based its decision to dismiss primarily on its finding that “the chain of events leading to Decedent’s death was unforeseeable.” On appeal, the dismissal was reversed.

Prima Facie Case 52

Prima Facie Case Construction Contract Tort 52