Tenn. R. Civ. Pro. 12.02(6) is a mechanism that can be used by a defendant to seek dismissal of a complaint without the need to file an answer or otherwise defend the case. Vandergrif v. Erlanger Health Systems, No. E2022-00706-COA-R3-CV (Tenn. Ct. App. Nov. 29, 2023) states no new law
Plaintiffs filed a brief in an antitrust case pending in the federal district court for the Western District of Tennessee. Local rules require that the certain of the printed lines of the papers be “double-spaced” and limits the number of pages for a brief. Defendants cried foul after reviewing Plaintiffs’
Something has gone wrong with your case preparation or ability to ready for trial on the date ordered by the trial court. You want the trial judge to continue the trial date. Your opponent objects. What does Tennessee law say about the issue? Here the answer as provided by the
A recent Tennessee decision addresses the law of mistrial – when should a judge grant a motion for a mistrial during a Tennessee civil jury trial? This is what the Court of Appeals said in Benjamin L. Folkins, Et Al. v. Healthcare Group (Hong Kong) Co., Limited, No. E2022-00264-COA-R3-CV (Tenn.
One defense that may be raised to a lawsuit is that defendant cannot be sued in the forum chosen by the plaintiff because defendant is not subject to the jurisdiction of the court. The defense is raised under Rule 12.02 of the Tennessee Rules of Civil Procedure. As recently explained
From time to time, a defendant in civil litigation surreptitiously videos the plaintiff engaging in some level of physical activity. The goal of these videos is use them to impeach the plaintiff when he or she testifies to a diminished inability to do certain things – things which the video
A new decision from the Tennessee Supreme Court gives us a ready reference for the definitions of judicial estoppel and equitable estoppel. The doctrine of judicial estoppel exists to “ensure the integrity of the judicial process.” Kershaw v. Levy, 583 S.W.3d 544, 548 (Tenn. 2019) (quoting John S. Nichols, Safeguarding
The line dividing a “a finding of fact” and a “conclusion of law” is not as bright as many would like it to be. Any the difference is material, because the appellate standard of review of each is different. Here is how a recent opinion of the Tennessee Court of
In Barrett v. Garton, No. M2022-01064-COA-R3-CV (Tenn. Ct. App. Oct. 6, 2023), plaintiff timely filed suit alleging that the defendant’s negligence caused her to sustain personal injuries in an automobile accident but she failed to have process issued within one year from the filing of the complaint. Defendant sought summary
Another plaintiff gets bounced out of court for failure to timely serve a summons and complaint. In Brairs v. Irving, No. W2022-01159-COA-R3-CV (Tenn. Ct. App. Sept. 22, 2023), Plaintiffs sued for injuries and damages allegedly resulting from an automobile accident. Although the complaint was filed within one year of the
This blog is the creation of John A. Day and the Law Offices of John Day, P.C. The firm practices plaintiff’s personal injury and wrongful death law through Tennessee from offices in Nashville, Brentwood, and Murfreesboro.
John may be reached at 615.742.4880 and jday@johndaylegal.com. The firm’s mailing address is 5141 Virginia Way, Suite 270, Brentwood, TN 37027.
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