Day on Torts
MAY 5, 2021
The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc. M2020-01417-SC-R23-CV (Tenn.
Day on Torts
FEBRUARY 8, 2021
55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed. Code Ann. §
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JonathanTurley
MAY 13, 2021
His lawyer, Michael Elliott, insists that he was on his way to surrender to police when he was picked up. ” It appears that D may stand for Deandre and the lawyer believes that D is involved in the illegal exotic animal trade. The punishment is a misdemeanor charge and fines of $500 to $2,000.
JonathanTurley
AUGUST 5, 2021
That is common in sexual harassment cases and hostile workplaces where you can get around statute of limitations when at least one case is recent or ongoing. Forcible touching is a class A misdemeanor. The difficulty in such cases is that there are often no witnesses so lawyers seek to show pattern and practice evidence.
The Crime Report
JULY 22, 2021
For example, a collection of evidence about a single felony offense will be broken down into separate misdemeanor offenses labeled as separate “acts.” Even though a judge, prosecutor and defendant agree it was only one criminal act, the multiple misdemeanors would be honored to lessen the penalty, yet still get a semblance of justice.
JonathanTurley
DECEMBER 8, 2023
The six misdemeanor charges and three felonies carry a potential sentence of 17 years for alleged tax evasion and filing a false return. The Justice Department inexplicably allowed the statute of limitations to run on the most serious allegations involving payments from years going back to 2016. It could have been worse.
JonathanTurley
MAY 28, 2024
Trump’s lawyers are defending a former president who is charged under a state misdemeanor which died years ago under the statute of limitations. Three-legged Stool A classic closing pitch by lawyers is to use a physical object like a three-legged stool. If any leg is missing, the stool collapses.
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