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Law Offices of John Day, P.C.
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166 followers
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Where a pipe could be altered but the expense to do so would be “considerable” and there were no indications that any alterations were intended, a nuisance claim based on the pipe was considered to be a permanent nuisance, meaning that the statute of…
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Where plaintiffs had attempted to communicate with a second expert and eventually obtained an affidavit from him, the Court of Appeals ruled that the trial court should have granted plaintiffs’ motion to alter or amend. In Harmon v. Hickman Community…
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Failure to comply with HCLA pre-suit notice requirements will not be excused due to local practice, and a final order dismissing defendants from a suit that is not appealed cannot later be revised by the trial court through a decision in a second suit. In…
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A HIPAA authorization form that leaves blanks for which parties may make disclosures and to whom disclosures can be made is most likely insufficient to meet the statutory requirements of the HCLA, even if it complies with the local practice. In Roberts v.…
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People often buy insurance on their motor vehicle and think that they have “full coverage.” In fact, many people who have “full coverage” do not have the types of insurance they need and even more frequently do not have the amount of coverage they need.…
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Where there were facts in dispute about whether a warehouse warned its workers about independent contractors working and using extension cords in the facility, summary judgment in a premises liability case was inappropriate. In Miranda v. CSC Sugar, LLC,…
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Where there were facts in dispute about whether a warehouse warned its workers about independent contractors working and using extension cords in the facility, summary judgment in a premises liability case was inappropriate. In Miranda v. CSC Sugar, LLC,…
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Where a school custodian had placed wet floor signs on a small area of one side of a hallway but mopped the entire hallway, the trial court’s finding that the school was liable to a teacher who slipped and fell outside her classroom was affirmed on…
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Where a claim for negligence against a bank fell within the parameters of the UCC, the common law negligence claim was preempted and summary judgment for defendants was affirmed. In Mark IV Enterprises, Inc. v. Bank of America, N.A., No.…
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We have a lot to be proud of in the Volunteer State.  We make the best whiskey.  We are home to the Smokey Mountains, the Vols, the Predators.  Nobody does music like our State from country music in Nashville to the blues in Memphis.  I could go on and…
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