Amazon Can Be Liable for Negligent Assumption of Duty to Warn for Website Sale of Dangerous Product
In 2015, online retailer Amazon, Inc. sold more than 250,000 hoverboards through its website. By November 2015, Amazon knew that these products presented a risk of explosion. Amazon stopped selling the hoverboards and emailed customers with an “Important...
Harmless Error Doctrine Extends to Rule 12.02(6) Motion
The Tennessee Court of Appeals recently released an opinion that provides a compelling insight into the sticky wicket of civil procedure. The facts of the case involve an otherwise pedestrian dispute between homeowners and their contracted buyer on one hand and an HOA...
Court of Appeals Provides Guidance on Statutory Summary Judgment Standard
The Tennessee Supreme Court’s 2015 decision in Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235 (Tenn. 2015) established that Tennessee generally follows the federal standard where summary judgment motions are concerned, but left many open...
Dance Party Results in Injuries But No Liability
The Court of Appeals recently examined potential liability from a deck collapse during a party attended by “a ridiculous amount” of high school students. The upshot? It seems like a determination that having lots of people jumping and dancing on a deck...
Tort Law Blog: How is Pleading Vicarious Liability Like Skinning a Cat?
Every once and a while, a court case will serve as a helpful refresher on some concepts that attorneys may have not thought of since law school. The Tennessee Court of Appeals’ ruling in Bowman v. Benouttas includes a helpful primer on various theories of...