10/22/2007
BizLit Bulletin - 2nd Quarter, 2007



 

 

 


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Each quarter, the BizLit Bulletin from Boult Cummings gives you 10 significant decisions from Tennessee state and federal appellate courts that affect business litigation in the state. In each issue, we'll give you the court ruling and explain how it may impact your business or your clients.

2nd quarter's Top 10 includes:

#1 - You're dismissed!
The U.S. Supreme Court reminds us that cases lacking merit should be dismissed sooner rather than later.

#2 - Prove it
The court specifies the five elements necessary for a plaintiff to recover fraud in a business transaction.

#3 - Off the record?
A law-enforcement case sets a good precedent for businesses that routinely rely on the Public Records Act.

#4 - An alarming decision?
Does an alarm company have a duty to provide services to a non-paying customer? And should it be held responsible after a fire?

#5 - Two for the price of one
A single case underscores the importance of two key procedural points.

#6 - A signature ruling
When is a hospital not responsible for the acts of the doctors who work there? When it says so in the hospital consent form.

#7 - Bad deal for a good Samaritan
Was a company right to terminate an employee for leaving his post to help a woman being assaulted?

#8 - Not good enough
Plaintiffs seek a contract recission and punitive damages after a real estate deal went sour.

#9 - A case of second-hand asbestos
A suit claims the plaintiff contracted cancer as a result of her exposure to asbestos dust her father "wore" home from work.

#10 - What were you thinking?
A seriously injured plaintiff inexplicably files and action in General Sessions Court, which has a jurisdictional limit of $15,000, then appeals his "victory."