The Tennessee Department of Environment and Conservation (“TDEC”) issued a June 18th Proposed Order and Assessment (“Order”) to Diamond Investments of TN Inc. (“Diamond”) addressing an alleged violation of underground storage...more
In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a...more
The Court of Appeals of Tennessee (“Court”) addressed in an April 22nd Opinion an issue arising out of the right to provide water services in a particular area. See MILCROFTON UTILITY DISTRICT OF WILLIAMSON COUNTY, TENNESSEE...more
With its long-awaited opinion in Terry Case v. Wilmington Trust, the Tennessee Supreme Court ushered in a sea change concerning constitutional standing in the state and clarified that Tennessee law does not recognize an...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 11th proposed Director’s Order and Assessment (“Order”) to West Point Utility District (“West Point”) alleging violations of the Tennessee...more
A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the ‘Sutton Rule’ in a subrogation action following a house fire at a rental property. The court’s decision emphasizes the crucial role of lease...more
In Patton v Pearson, No. M2022-00708-COA-RC-CV, 2023 Tenn. App. LEXIS 231, the Court of Appeals of Tennessee (Court of Appeals) considered whether the lower court erred in dismissing an insurance carrier’s lawsuit against its...more
The US Court of Appeals for the Sixth Circuit reversed and remanded a summary judgment ruling, finding that there were genuine disputes of material fact regarding whether the plaintiff’s alleged trade dress was functional and...more
*A recent federal appeals court’s decision to reverse the stoppage of a criminal investigation in Florida has implications for civil litigants in Tennessee.* On December 1, 2022, the U.S. Court of Appeals for the Eleventh...more
The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on...more
The Tennessee Department of Environment & Conservation Division of Underground Storage Tanks (“Division”) issued a Proposed Order and Assessment (“Order”) to South Broad Fueling Systems, LLC (“South Broad”) addressing an...more
Although Tennessee courts recognize claims asserted against an employer such as negligent hiring, training, supervision, and entrustment, recent case law suggests that those claims may no longer viable after an employer...more