By Jane Salem, staff attorney, Nashville Just in time for our upcoming continuing legal education session about summary judgment, the Appeals Board has released an opinion again emphasizing the importance of following the rules—specifically, Rule 56.03 about the statement of undisputed material facts. The opinion, Craig Cable v. Conagra Foods Packaged Foods Company, Inc., also … Continue reading Board Issues Another Instructive Summary Judgment Opinion
Tag: summary judgment
Board Reverses Summary Judgment When Disputed Facts Exist
By Traci Haynes, staff attorney, Gray Summary judgment wasn’t appropriate in a case involving too many disputed facts, where the trial court didn’t explain why certain disputed facts were immaterial. An earlier article discussed the oral arguments in Timothy Burke v. Steve Towers Enterprises. Burke was managing an automobile repair store, when he and a … Continue reading Board Reverses Summary Judgment When Disputed Facts Exist
Board Reverses in Love versus Love Management
By Sarah Byrne, staff attorney, Nashville Recently, the Appeals Board issued its opinion in Love v. Love Management, Inc., reversing the trial court for applying incorrect legal standards when it denied the insurer a continuance and granted partial summary judgment to Mrs. Love. Because it bears repeating, Presiding Judge Timothy Conner wrote a concurring opinion … Continue reading Board Reverses in Love versus Love Management
Appeals Board Issues Key Evidence Opinions Regarding Medical Records
By Jane Salem, staff attorney, Nashville Within the past two weeks, the Appeals Board has made significant evidentiary rulings about the admissibility of Form C-32 and medical records. The opinions examined their admissibility at two different stages of the case, one at summary judgment and the other at an expedited hearing. The procedural posture makes … Continue reading Appeals Board Issues Key Evidence Opinions Regarding Medical Records
Appeals Board Instructs on Parking Lot Cases
By Jane Salem, Staff Attorney, Nashville Last week, the Appeals Board released an opinion affirming a trial court’s denial of summary judgment. The ruling focused on whether the movant met its burden of production. But also, the Board’s opinion revisited a significant Supreme Court ruling about injuries in parking lots, concluding that the case remains … Continue reading Appeals Board Instructs on Parking Lot Cases
Appeals Board Offers Summary Judgment Guidance
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board has issued two opinions on summary judgment that should be required reading for anyone moving for or opposing this type of motion. In both cases, the Board examined the moving parties’ pleadings closely and concluded that grants of summary judgment were improper because … Continue reading Appeals Board Offers Summary Judgment Guidance
A Summer-y Blog Post on Summary Judgment
By Judge Dale Tipps, Murfreesboro This article will tackle a very “august” topic: tips for your next summary judgment motion. Summary judgment traces its roots back to England as a means of hastening litigation and potentially the disposition of cases, principally debtor-creditor actions. Its first codification occurred in 1855 when Parliament passed the Keating Act. … Continue reading A Summer-y Blog Post on Summary Judgment
From the Bench 