Here is the most recent definition of the oft-used phrase “gravamen of the complaint” under Tennessee law: “In determining the real purpose or the gravamen of the action the Court must look to the basis for which damages are sought.” Swauger v. Haury & Smith Contractors, Inc., 512 S.W.2d 261,
The recent case of McCall v. United Parcel Service, No. M2022-01112-COA-R3-CV (Tenn. Ct. App. May 15, 2023) reminds us that parents proceeding pro se cannot file a lawsuit on an adult child. The effort of the parents to do here resulted in the case being a nullity and therefore dismissed
A special statute addresses the circumstances under which a claim under Tennessee Code Annotated section 9-8-402(b) will be dismissed for failure to prosecute. Subsection (b) specifically provides, in pertinent part: Absent prior written consent of the commission, it is mandatory that any claim filed with the claims commission upon which
The Tennessee Court of Appeals has ruled (again) that property tax appraisals are not admissible to prove value of real property exception for purposes of taxation. The court said: We have noted that “in Tennessee and elsewhere ‘[i]t is the overwhelming weight of authority that assessed value is not competent
The Appellate Division of the Superior Court of New Jersey has released an opinion concerning a request by a plaintiff in a wrongful death lawsuit to have an expert conduct an onsite inspection of the decedent’s electronic medical record (EMR); examine the metadata associated with the EMR, and see the
We have written several times about the consequences of inadequate briefing in the appellate courts. But now the Tennessee Court of Appeals has totally dismissed a case, and ordered sanctions for frivolous appeal, because of the appellant’s failure to comply with Rule 27(a) of the Tennessee Rules of Appellate Procedure.
The General Assembly has enacted a new statute (Public Chapter 62) addressing recoverable costs on appeal. The statute became effective on March 23, 2023 when it was signed into law by Governor Lee. Here is the text of the statute, which will be codified at Tenn. Code Ann. Sec. 20-12-145:
There are several reasons why a person filing a lawsuit may want to use a pseudonym. But when is a person permitted to do so? This issue arose in Smith v. Kappa Kappa Gamma Fraternity. Seven young women sued their sorority after it allowed male who identified as female to
Tennessee’s appellate courts have increasingly made it clear that they need to be able to look at a trial judge’s order and see how she reached a decision in the case. Here is the most recent statement of the Court of Appeals on the purpose of findings of fact and
The appellate courts don’t like it when a party fails to properly develop an argument in an appellate brief. As explained in Sneed v. Bd. of Pro. Resp. of Supreme Ct., 301 S.W.3d 603, 615 (Tenn. 2010(m “[i]t is not the role of the courts, trial or appellate, to research
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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