§Why CasetextPricing

Daugherty v. Total Healthcare Consultants, PLLC et al

MEMORANDUM in Support of Motion re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

21 Cited authorities

  1. Robinson v. Omer

    952 S.W.2d 423 (Tenn. 1997)   Cited 496 times
    Holding that negligent misrepresentation did not apply where attorney gave advice for personal, not business, matters

  2. Myers v. Amisub (SFH), Inc.

    382 S.W.3d 300 (Tenn. 2012)   Cited 239 times   2 Legal Analyses
    Holding that the pre-suit notice requirement under Tenn. Code Ann. § 29-26-121 was mandatory and not subject to substantial compliance

  3. Stevens ex rel. Stevens v. Hickman Cmty. Health Care Servs., Inc.

    418 S.W.3d 547 (Tenn. 2013)   Cited 124 times   5 Legal Analyses
    Holding that "a plaintiff must substantially comply, rather than strictly comply, with the requirements of Tenn. Code Ann. § 29-26-121(E)," which deals with the HIPAA-compliant medical authorization

  4. Kincaid v. Southtrust Bank

    221 S.W.3d 32 (Tenn. Ct. App. 2007)   Cited 147 times
    Holding constructive frauds concern "a breach of a legal or equitable duty, with or without fraudulent intent, and entail as an attribute of fraud, conduct which reasonably can be expected to influence the conduct of others."

  5. West v. Media General Convergence

    53 S.W.3d 640 (Tenn. 2001)   Cited 121 times
    Adopting Restatement (Second) of Torts § 652E and collecting cases from other jurisdictions that have done so

  6. Levy v. Franks

    159 S.W.3d 66 (Tenn. Ct. App. 2004)   Cited 83 times
    Finding intentional inflection of emotional distress after defendant fired a gun twice in close proximity to plaintiff's wife

  7. Osunde v. Delta Med. Ctr.

    505 S.W.3d 875 (Tenn. Ct. App. 2016)   Cited 35 times
    Holding that an action involving the plaintiff's fall from an allegedly faulty stool after undergoing an x-ray was governed by the pre-suit notice requirements of the Health Care Liability Act

  8. Stavro v. Upjohn Co.

    664 F.2d 114 (6th Cir. 1981)   Cited 59 times
    Recognizing a district court's power to modify a protective order

  9. Davis v. Komatsu America

    42 S.W.3d 34 (Tenn. 2001)   Cited 25 times
    Noting that "every court presented with the issue has adopted the component parts doctrine"

  10. Childs v. UT Medical Group, Inc.

    398 S.W.3d 163 (Tenn. Ct. App. 2012)   Cited 10 times
    Holding that new pre-suit notice is required after a non-suit before re-filing

  11. Section 29-26-121 - Claim for health care liability - Notice - Evidence of compliance - Limitations - Copies of medical records

    Tenn. Code § 29-26-121   Cited 362 times   5 Legal Analyses
    Requiring that, 60 days before filing a medical negligence suit, a prospective plaintiff provide notice and, inter alia, “ HIPAA compliant medical authorization permitting the [prospective defendant] to obtain complete medical records from each other provider being sent a notice”

  12. Section 29-26-122 - Filing of certificate of good faith

    Tenn. Code § 29-26-122   Cited 254 times   3 Legal Analyses
    Stating that a defendant making comparative fault allegations against a non-party "shall file a certificate of good faith" within thirty days

  13. Section 29-28-102 - Chapter definitions

    Tenn. Code § 29-28-102   Cited 223 times   1 Legal Analyses
    Recognizing "actions based upon ... breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent" as "[p]roduct liability action"

  14. Section 29-26-101 - Part definitions

    Tenn. Code § 29-26-101   Cited 193 times   3 Legal Analyses
    Defining "health care providers"

  15. Section 29-28-106 - Seller's liability

    Tenn. Code § 29-28-106   Cited 68 times   1 Legal Analyses
    Stating seller not subject to strict liability unless seller is also the manufacturer