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Allied Waste North America, Inc. et al v. Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC et al

MEMORANDUM signed

52 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,022 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Carvell v. Bottoms

    900 S.W.2d 23 (Tenn. 1995)   Cited 851 times
    Holding that judicial estoppel doctrine did not apply when malpractice action was filed during pendency of related litigation

  3. Wolde-Meskel v. Voc. Inst. Proj. Comm. Serv

    166 F.3d 59 (2d Cir. 1999)   Cited 283 times
    Holding that summary judgment dismissing one or more aggregated claims does not defeat jurisdiction even when it reduces the amount in controversy to below the jurisdictional threshold

  4. John Kohl & Co. P.C. v. Dearborn

    977 S.W.2d 528 (Tenn. 1998)   Cited 274 times   3 Legal Analyses
    Holding that an injury occurs when one loses a "legal right, remedy or interest"

  5. Cherry v. Williams

    36 S.W.3d 78 (Tenn. Ct. App. 2000)   Cited 148 times
    Noting that "[a]s a general rule, a cause of action for an injury accrues when the injury occurs, an `injury being understood as any wrong or damage done to another's person, rights, reputation, or property"

  6. Gibson v. Trant

    58 S.W.3d 103 (Tenn. 2001)   Cited 135 times
    Holding that estoppel is appropriate where a defendant pleads guilty to a substantial criminal charge and then seeks in civil litigation concerning the same transaction to assert that he did not commit the criminal act.

  7. Morisch v. U.S.

    653 F.3d 522 (7th Cir. 2011)   Cited 95 times
    Upholding district court's decision to apply Illinois law where neither party pointed to a conflict between Missouri and Illinois law, and thus the district court did not need to make a choice of law decision and properly assumed that Illinois law applied

  8. Ocean Ships, Inc. v. Stiles

    315 F.3d 111 (2d Cir. 2002)   Cited 104 times
    Holding that payment of a $5,000 deductible gave the insured an independent interest sufficient to allow the insured to sue for the entire loss

  9. Brown v. Erachem Comilog

    231 S.W.3d 918 (Tenn. 2007)   Cited 74 times
    Holding that although employee was aware she had cancer while she continued to work for employer, she did not suffer a compensable injury until her capacity for work was affected by the disease

  10. Fahey v. Eldridge

    46 S.W.3d 138 (Tenn. 2001)   Cited 69 times
    Stating that a motion for new trial should set forth "a concise statement of the factual grounds" on which error is being alleged, "the legal ground upon which the trial court based its actions," and "a concise statement asserting the legal reasons why the court's decision was improper"

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,750 times   650 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Section 28-3-104 - Personal tort actions; actions against certain professionals

    Tenn. Code § 28-3-104   Cited 1,586 times   4 Legal Analyses
    Setting forth a one-year statute of limitations for § 1983 claims

  13. Section 29-26-119 - Damages

    Tenn. Code § 29-26-119   Cited 35 times   1 Legal Analyses
    Providing that damages awarded in medical malpractice action "may include (in addition to other elements of damages authorized by law) actual economic losses suffered by the claimant by reason of the personal injury, including, but not limited to cost of reasonable and necessary medical care, rehabilitation services, and custodial care, loss of services and loss of earned income"

  14. Section 62-39-103 - License or certificate required

    Tenn. Code § 62-39-103   Cited 7 times

    (a) Except as provided in § 62-39-104, it is unlawful for anyone to solicit an appraisal assignment or to prepare an appraisal or an appraisal report relating to real estate or real property in this state without first obtaining a real estate appraiser's license or certificate. (b) This section shall not be construed to apply to individuals who render professional assistance in arriving at a real estate analysis, opinion or conclusion. (c) Nothing in this chapter shall be construed to prohibit any

  15. Section 62-9-103 - Copying and recording required identification of sellers of scrap metal - Scrap metal transaction record requirements - Alternative forms of identification

    Tenn. Code § 62-9-103

    (a) Except as provided in subdivision (b)(2), no scrap metal dealer may purchase or otherwise acquire scrap metal from a person unless that person presents a state or federally issued photo identification card that appears valid on its face to the dealer and provides a thumbprint as provided in § 62-9-104. (b) (1) If a valid state or federally issued photo identification card is presented, the scrap metal dealer shall record the name, sex, height, date of birth, residence address and the photo identification

  16. Rule 3 - Appeal as of Right: Availability; Method of Initiation

    Tenn. R. App. P. 3   Cited 17,981 times

    (a) Availability of Appeal as of Right in Civil Actions. In civil actions every final judgment entered by a trial court from which an appeal lies to the Supreme Court or Court of Appeals is appealable as of right. Except as otherwise permitted in Rule 9 and in Rule 54.02 Tennessee Rules of Civil Procedure, if multiple parties or multiple claims for relief are involved in an action, any order that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is

  17. Rule 36 - Relief; Effect of Error

    Tenn. R. App. P. 36   Cited 3,286 times

    (a) Relief To Be Granted; Relief Available. The Supreme Court, Court of Appeals, and Court of Criminal Appeals shall grant the relief on the law and facts to which the party is entitled or the proceeding otherwise requires and may grant any relief, including the giving of any judgment and making of any order; provided, however, relief may not be granted in contravention of the province of the trier of fact. Nothing in this rule shall be construed as requiring relief be granted to a party responsible

  18. Rule 403 - Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

    Tenn. R. Evid. 403   Cited 1,386 times

    Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. Tenn. R. Evid. 403 Advisory Commission Comments. The Tennessee Supreme Court approved this rule for both civil and criminal cases in State v. Banks, 564 S.W.2d 947 (Tenn. 1978).

  19. Rule 30.02 - Notice of Examination: General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone

    Tenn. R. Civ. P. 30.02   Cited 21 times

    (1) A party desiring to take the deposition of any person upon oral examination shall give notice in writing to every other party to the action. The notice shall be served on the other parties at least five days beforehand when the deposition is to be taken in the county in which suit is pending. When the deposition is to be taken out of the county, at least seven days' notice shall be given. The notice shall state the time and place for taking the deposition and the name and address of each person