Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

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JURIST

SEPTEMBER 29, 2021

The US Court of Appeals for the Eleventh Circuit rejected a lawsuit against Google, Facebook and Twitter on Monday, concerning the 2016 Pulse Nightclub shooting in Orlando. The first was that the companies violated anti-terrorism statute 18 U.S.C. §§ 2333(a) & (d)(2). The plaintiffs made two arguments.

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday resolved a narrow question of statutory interpretation under the Medicaid Act and expanded the ability of states to recoup health care costs from accident victims. Florida’s statute includes a formula that allocates $300,000 to past and future medical expenses. The case, Gallardo v.

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Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The trial court agreed, granting the motion, and summary judgment was affirmed on appeal. In Costner v.

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Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

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Gravel2Gavel

JUNE 22, 2021

SUPREME COURT. The Court of Appeals for the Federal Circuit invalidated their appointments and thereby jeopardized hundreds of pending patent claim judgments. What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. Continue Reading ›.

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Day on Torts

NOVEMBER 4, 2021

First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn. internal citation omitted).

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SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” 4-5-322, which grants exclusive jurisdiction of such reviews to the Chancery Court. The Court also looked at Tenn. Code Ann. § Code Ann. §

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SCOTUSBlog

JUNE 8, 2023

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983. First, FNHRA “unambiguously” confers individual federal rights.

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At the Lectern

JULY 21, 2022

Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P. Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” (See here.).

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JURIST

JULY 31, 2023

The Supreme Court of Pakistan in the case titled Habib Ullah Energy Limited and another v. In fact, Article 212 (b) of the Constitution, which makes it imperative for the Parliament to establish administrative courts or tribunals to adjudicate the tortious claims arising from governmental actions, remains unfulfilled.

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SCOTUSBlog

JUNE 17, 2021

Share The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based The plaintiffs relied on the Alien Tort Statute, an 18th-century law that permits foreigners to bring lawsuits in U.S. courts for serious violations of international law. Court of Appeals for the 9th Circuit reinstated it.

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The Crime Report

JUNE 29, 2021

Supreme Court on Monday declined to hear the appeal of CACI International Inc., CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S.

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JURIST

FEBRUARY 14, 2021

As there are no laws in Mali to aid the plaintiffs in seeking damages or civil remedies against foreign exporters, they brought their claims under US law, specifically the Trafficking Victims Protection Reauthorization Act and the Alien Torts Statute. The defendant companies are Barry Callebaut, Cargill, Hershey, Mars, Mondel?z,

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Law 360

JUNE 17, 2021

The Supreme Court ruled in favor of Nestle and Cargill on Monday in a lawsuit claiming the chocolate makers aided and abetted child slavery on African cocoa farms, reversing a ruling that allowed the claims to proceed under the Alien Tort Statute.

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Day on Torts

FEBRUARY 3, 2022

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. Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Gibson , No.

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Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v. Hawkins County, TN , No.

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Day on Torts

JANUARY 11, 2022

Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.

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SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins centered the fundamental error in the court’s precedent allowing individuals to enforce spending clause enactments through Section 1983. of Marion County v.

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Day on Torts

OCTOBER 31, 2022

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. Plaintiff appealed the TPPA dismissal from that June 24 th order. 3d 651 (Tenn.

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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. ,

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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. internal citations omitted). 20-17-105(a)(b); additional citation omitted). internal citation omitted).

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JonathanTurley

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage. Walgreen Hastings Co.,

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Day on Torts

FEBRUARY 16, 2022

Defendants Goodall and the City both filed motions for summary judgment, which the trial court granted, and the Court of Appeals affirmed. Regarding the claims against Goodall, the trial court had found in part that the claim was barred by the applicable statute of repose found in Tenn. internal citation omitted).

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Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. Conversion is subject to a three-year statute of limitations. Code Ann. §

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. In the same fiscal year, the Court issued opinions in 63 cases. Link to Court of Appeals Opinions: [link].

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Day on Torts

NOVEMBER 17, 2022

After hearing the evidence, the trial court set a boundary line for the disputed property and denied plaintiffs’ claim for adverse possession of the disputed area. On appeal, dismissal of the trespass claim was vacated due to the trial court applying the wrong intent standard to the tort of trespass. internal citation omitted).

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Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

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Day on Torts

FEBRUARY 10, 2022

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.

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SCOTUSBlog

JANUARY 9, 2022

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. This case will determine how those provisions apply specifically to future medical expenses.

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Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. These ‘US Terms and Conditions’ included a class action waiver clause, a choice of law clause selecting US maritime law, and an exclusive jurisdiction clause selecting US courts.

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Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. In Adamson v. Grove , No. internal citation omitted).

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Day on Torts

JANUARY 25, 2022

Where plaintiff wife failed to give written notice of her loss of consortium claim against the State of Tennessee to the Division of Claims and Risk Management, dismissal of her claim was affirmed, despite the fact that her complaint was filed with the Claims Commission within the statute of limitations. In Kampmeyer v. State , No.

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Day on Torts

JUNE 21, 2022

The trial court granted defendant’s motion to dismiss, ruling that the complaint did not establish that the “retaking of the automobile was in defiance of the true owner’s rights,” and the Court of Appeals affirmed. Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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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. Code Ann. §

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Day on Torts

OCTOBER 18, 2022

The Court pointed out that although plaintiff took issue with defendant allowing a “recently graduated doctor to treat patients in its hospital when they had no medical license…,” plaintiff “presented no expert proof that [defendant’s] allowing this arrangement in its emergency department fell below the standard of acceptable care for hospitals.”

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