Intermediate Scrutiny for February 23, 2024
February 17–February 23, 2024 Plaintiff sues Health Care Providers for medical malpractice (which Tennessee calls “health care liability” because medical malpractice sounds bad). A major issue at trial was whether Health Care Providers failed to meet the standard of care by failing to administer epinephrine after Plaintiff had an anaphylactic reaction during labor. The
Intermediate Scrutiny for February 16, 2024
February 10–February 16, 2024 Bank 1 sues Bank 2 regarding an “approximately $100 million” loss related to its purchase of collateralized debt obligations—better known as “the toxic assets that catalyzed the Great Recession.” Tennessee Court of Appeals: Because reasonable diligence would have put Bank 1 on notice of its claims before September 15, 2008—and because
Intermediate Scrutiny for February 9, 2024
February 3–February 9, 2024 Mother and Father are divorced. Mother—who is the primary caregiver of the ex-couple’s Children—seeks to relocate with Children more than fifty miles from her current residence, leading to dueling petitions for relief. Tennessee Court of Appeals: All factors favor allowing Mother to relocate, and multiple waiver rules (including the “Judges are
Intermediate Scrutiny for February 2, 2024
January 27–February 2, 2024 Pro se Claimant files a claim for damages against the State of Tennessee in the Claims Commission. Claimant alleges that, back in 1949, she was a victim of infamous child-trafficker Georgia Tann, who ran “a black market for selling babies” and sold roughly 5,000 Tennessee children for personal profit while employed
Intermediate Scrutiny for January 26, 2024
January 20–26, 2024 Dog runs into Bicyclist, causing Bicyclist to crash and sustain injuries. Bicyclist sues Dog Owner for negligence. Tennessee Court of Appeals: Seventeen pages later, it turns out that Bicyclist didn’t have any evidence that Dog Owner even owned the particular dog involved in the accident, so the trial court’s dismissal is
Intermediate Scrutiny for January 19, 2024
January 13–19, 2024 Everything is shut down due to inclement/inconsiderate weather, so just two opinions this week. You'll get more analysis than usual to make up for the weak content, though. Driver drives into a fence before hitting a dumpster and construction materials, injuring Passenger. Passenger settles with Driver/Driver’s
