Civil Procedure

Posts tagged "Civil Procedure" are below. To return to the main blog page, click here.

Court of Appeals Addresses Nonsuits in Healthcare Liability Actions (Again—-and Again!)

This fall, two opinions, issued two days apart and from different sections of the Tennessee Court of Appeals, have explored the same essential question: should a plaintiff in a health care liability action be permitted to voluntarily dismiss his lawsuit without prejudice in the face of a motion to dismiss arising from an inadequate certificate of good faith? [Read more…]

When Your Civil Suit Intersects with a Criminal Prosecution

A version of this article originally appeared as the Monthly Spotlight Article in the Tennessee Tort Law Letter.  DPBC attorneys Donald Capparella, Tyler Chance Yarbro, and Elizabeth Sitgreaves serve as editors. To learn about subscribing click here.

If you are a tort law practitioner, then it is not unusual to have a criminal case pending alongside a tort case you are handling. This intersection of the areas of law requires careful attention on behalf of the practitioner. [Read more…]

Better Late than Never for this Intervenor

The recent Tennessee Court of Appeals case National Public Auction Company, LLC v. Cam Out, Inc . offers helpful analysis of what constitutes “timely application” under Tenn. R. Civ. P. 24.01 to be able to intervene in a pending lawsuit.

Background

This appeal involves a procedural issue that arose following the entry of a judgment. The underlying case involves the sale of vehicle inventory between an auction company and a dealer, and also the sale of a recreational vehicle from that inventory to an individual, William Anthony Hollin. The background of the case is complex, involving claims of breach of contract, misrepresentation, conversion, fraud in the inducement, violations of the Tennessee Consumer Protection Act, and violations of the duty of an auctioneer. There were related replevin and bankruptcy actions, as well as claims filed by secured creditors. [Read more…]