productsliability

Tennessee Supreme Court Clarifies Way to Determine Applicable Statute of Limitations for a Case

The Tennessee Supreme Court in Brenda Benz-Elliott v. Barrett Enterprises, LP, No. M2013-00270-SC-R11-CV, 2015 WL 294635 (Tenn. 2015) has provided an opinion that attempts to clarify how statute of limitations should be applied for Tennessee cases.  Over the years numerous Tennessee appellate decisions have cited the “gravaman of the complaint” rule in order to determine which statute of limitations applies to a case.  (Benz-Elliott at 7, 8).  In this case, the Tennessee Supreme Court noted that defining exactly what this actually means has proven difficult over time.  If you desire to read a detailed analysis of the historical citations to this rule and the general “fuzziness” in the actual application of this rule, this case provides a lengthy discussion of these issues.  For the purposes of this blog post, however, I am mainly going to address the ultimate conclusion of the Tennessee Supreme Court that is an attempt to clarify confusing pre-existing precedent.

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READ THE REST OF THIS POST AT TENNESSEE DEFENSE LITIGATION HERE

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