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
APRIL 15, 2024
No one seriously believes that Alvin Bragg would have spent this time and money to prosecute what is ordinarily a state misdemeanor if the defendant was anyone other than Trump. This week, New York judges and lawyers appear eager to prove that the same is true for cases against Donald Trump. However, two prosecutors, Carey R.
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.
JonathanTurley
APRIL 2, 2023
While the actual charges will not be disclosed until the release of the indictment, the underlying theory discussed for months is an effort to revive a dead misdemeanor offense of falsifying business records — years after the statute of limitations expired. They largely ignore that the misdemeanor is expired. Bragg caved.
JonathanTurley
APRIL 24, 2024
This law states “Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.” You are not alone.
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