Intermediate Scrutiny for March 15, 2024
March 9–March 15, 2024 Pro se plaintiff repeatedly fails to comply with court orders to answer discovery in a car accident case. He has time to file serial motions to disqualify the trial court judge, though. Trial court: Three generations of orders to answer discovery are enough; case dismissed as a sanction for discovery
Intermediate Scrutiny for March 8, 2024
March 2–March 8, 2024 Trial court issues order forbidding contact between Mother and Father who share a child. To enable court-ordered visitation exchanges, though, the original order is then modified by agreement to require contact between Mother and Father. After Father twice talks to Mother about their shared Xfinity account, Mother petitions for criminal contempt based
Intermediate Scrutiny for March 1, 2024
February 24–March 1, 2024 Ex-Husband who’s big mad about losing three Subway franchises in the divorce files a Rule 60.02 motion to set aside the judgment, claiming that Ex-Wife committed fraud in her valuation of the franchises. Tennessee Court of Appeals: Lettuce count the ways you lose, beginning with the facts that Ex-Husband “failed to
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
