Day on Torts

FEBRUARY 1, 2022

Plaintiff argued that the substitution should relate back to the date of the original filing under Tennessee Rule of Civil Procedure 15.03, as JAK Foods had “received timely notice of the action and that it should have known that but for the mistake regarding its identity, the action would have been brought against it.”

Diligence 59

Diligence Court 59

Day on Torts

NOVEMBER 7, 2022

For HCLA claims, the discovery rule means that a “cause of action accrues when one discovers, or in the exercise of reasonable diligence should have discovered, both (1) that he or she has been injured by wrongful or tortious conduct and (2) the identity of the person or persons whose wrongful conduct caused the injury.”

Statute 59

Statute Tort Cause of Action Diligence 59

Day on Torts

FEBRUARY 10, 2022

Under the discovery rule, the limitations period will begin to run when “(1) the plaintiff suffers an ‘actual injury’ as a result of the defendant’s allegedly wrongful conduct, and (2) the plaintiff knew or in the exercise of reasonable diligence should have known that its injury was caused by the defendant’s alleged wrongful conduct.”

Legal 59

Legal Legal Tort Statute 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. While defendant asserted that there was insufficient evidence to show that plaintiff did her due diligence, the Court disagreed.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

MAY 18, 2022

Taking the allegations in the complaint as true, the Court found that “a trier of fact could determine that Plaintiffs, in the exercise of reasonable care and diligence, could not have discovered this potential cause of their injury until January 2018 due to Defendants’ attempts to conceal this cause.”

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

FEBRUARY 3, 2022

of the Tennessee Rules of Civil Procedure requires a trial court to “state the legal grounds upon which the court denies or grants the motion, and to include such statement in the order reflecting the trial court’s ruling.” Because the trial court did not give sufficient reasons for its decision, summary judgment was vacated on appeal.

Statute 59

Statute Tort Court Diligence 59

Strictly Business

FEBRUARY 12, 2024

The purchase agreement is typically drafted by the buyer’s counsel after the letter of intent has been signed and the buyer has done enough due diligence to feel confident that it wants to pursue the transaction.

Diligence 83

Diligence Real Estate Contract Business Services 83