Intermediate Scrutiny for November 29, 2024
November 23–November 29, 2024 Construction company and its principal falsely represent that a store renovation they were hired to complete would be completed in time for the new store’s opening, fail to finish the work in time for the store to open, charge extra for fixing their own mistakes, demand payment for a builder’s
Intermediate Scrutiny for November 22, 2024
November 16–November 22, 2024 Before she dies, Decedent executes a Durable Power of Attorney form designating Daughter as her attorney-in-fact. The form states: “THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU.” Afterward, Decedent is admitted into a Nursing Home facility, and during the process of completing paperwork
Intermediate Scrutiny for November 15, 2024
November 9–November 15, 2024 Man injured in a tractor-trailer accident sues Trucking Company. After filing suit, Man serves process on Trucking Company’s registered agent. When Trucking Company neglects to respond to the lawsuit, Man moves for and obtains a $750,000.00 default judgment. Arguing that its registered agent, for some unexplained reason, never actually informed
Intermediate Scrutiny for November 8, 2024
November 2–November 8, 2024 Woman with a history of financially motivated criminal dishonesty contests Decedent’s will; claims that she and the Decedent had secretly married; and seeks half of his “sizeable” estate. The trial court dismisses the petition, finding both that clear and convincing evidence demonstrated that the marriage certificate that Woman presented was
Intermediate Scrutiny for November 1, 2024
October 26–November 1, 2024 Driver who carries uninsured motorist insurance is injured in a car accident with an uninsured motorist. Driver sues both the uninsured motorist and Driver's Insurer, but the case proceeds to trial against Driver’s Insurer alone. Afterward, the jury finds for the Driver and awards her $320,000.00 in damages for the
Intermediate Scrutiny for October 25, 2024
October 12–October 25, 2024 Realtor files malicious prosecution lawsuit against Defendant who filed an ethics complaint against Realtor, which the Tennessee Real Estate Commission resolved as: “CLOSED/NO ACTION.” Because filing an ethics complaint is presumptively protected petitioning activity, Defendant petitions to dismiss Realtor’s lawsuit under the Tennessee Public Participation Act, but the trial court
