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Wednesday, December 10, 2008

Summary Judgment & Comparative Fault

The Middle Section of the Tennessee Court of Appeals issued its opinion in Allen v. Historic Hotels of Nashville, LLC, No. M2007-02423-COA-R3-CV (Tenn. Ct. App. Dec. 9, 2008).

This opinion does an excellent job of describing the proper standard for granting summary judgment in Tennessee as recently refined by our Supreme Court in Hannan v. Alltel Publ'g Co., E2006-01353-SC-R11-CV (Tenn. Oct. 31, 2008) (see Nov. 8, 2008 post).

The opinion also does an excellent job of describing the interplay between comparative fault and Tennessee Code Annotated section 20-1-119.

This is a must-read opinion for any Tennessee litigator.

Here's the link to the opinion:

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