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18 Tennessee opinions name it 2 courts 1990–2026 3 in the last five years
The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jenkins Subway, Inc. v. Jonesgreen2 sentences2026“The law will not presume a waiver, and the party claiming the waiver has the burden of proving it by a preponderance of the evidence.” Jenkins Subway, Inc. v. Jones, 990 S.W.2d 713, 722 (Tenn. Ct. App. 1998). 5D contends that the plain language of the Agreed Order evinced an intent to forgo the right to file a Rule 12 motion to dismiss. 2025“The law will not presume a waiver, and the party claiming the waiver has the burden of proving it by a preponderance of the evidence.” Jenkins Subway, Inc. v. Jones, 990 S.W.2d 713, 722 (Tenn. Ct. App. 1998). | 9 | 9 |
Springfield Tobacco Redryers Corp. v. City of Springfieldgreen2 sentences2024Koontz, 65 S.W.2d at 825 ; see also Springfield Tobacco Redryers, 293 S.W.2d at 198 . 2000Koontz, 65 S.W.2d at 825 ; see also Springfield Tobacco Redryers, 293 S.W.2d at 198 . | 5 | 5 |
Koontz v. Fleminggreen2 sentences2004"The law will not presume a waiver, and the party claiming the waiver has the burden of proving it by a preponderance of the evidence.” Jenkins Subway, Inc. v. Jones, 990 S.W.2d 713, 722 (Tenn.Ct.App. 1998) (citing Koontz v. Fleming, 17 Tenn.App. 1 , 65 S.W.2d 821, 825 (1933)). 4 . 2004"The law will not presume a waiver, and the party claiming the waiver has the burden of proving it by a preponderance of the evidence.” Jenkins Subway, Inc. v. Jones, 990 S.W.2d 713, 722 (Tenn.Ct.App. 1998) (citing Koontz v. Fleming, 17 Tenn.App. 1 , 65 S.W.2d 821, 825 (1933)). 4 . | 1 | 6 |
Morgan Keegan & Company, Inc. v. William Hamilton Smythe, IIIgreen1 sentence2026“Like other written instruments, orders and judgments should be interpreted and enforced according to their plain meaning.” Morgan Keegan & Co. v. Smythe, 401 S.W.3d 595, 608 (Tenn. 2013). | 1 | 1 |
Kentucky National Insurance Co. v. Gardnergreen1 sentence2024Co. v. Gardner, 6 S.W.3d 493, 499 (Tenn. Ct. App. 1999)). | 1 | 1 |
Fayne v. Vincentgreen1 sentence2019See Fayne v. Vincent, 301 S.W.3d 162, 171 (Tenn. 2009) (holding that the party invoking waiver has the burden of demonstrating that the issue was “in fact” waived); see also Jenkins Subway, Inc. v. Jones, 990 S.W.2d 713, 722 (Tenn. Ct. App. 1998) (“The law will not presume a waiver, and the party claiming the waiver has the burden of proving it by a preponderance of the evidence.”). | 1 | 1 |
Comm'rgreen1 sentence2009Menard, Inc. v. Comm’r, 130 T.C. 54, 68 (2008). | 1 | 1 |
Acuity v. McGhee Engineering, Inc.green1 sentence2009“The words ‘privy’ and ‘privity’ do not necessarily have the same meaning in the context of res judicata as they do in the context of contractual relationships.” Acuity v. McGhee Eng’g, Inc., No. M2007-02821-COA-R3-CV, 2008 WL 5234743, at *14 (Tenn. Ct. App. Dec. 15, 2008) (citing Putnam Mills Corp. v. United States, 479 F.2d 1334, 1340 (Ct. Cl. 1973)). | 1 | 1 |
Putnam Mills Corp. v. United Statesgreen1 sentence2009“The words ‘privy’ and ‘privity’ do not necessarily have the same meaning in the context of res judicata as they do in the context of contractual relationships.” Acuity v. McGhee Eng’g, Inc., No. M2007-02821-COA-R3-CV, 2008 WL 5234743, at *14 (Tenn. Ct. App. Dec. 15, 2008) (citing Putnam Mills Corp. v. United States, 479 F.2d 1334, 1340 (Ct. Cl. 1973)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pankow v. Mitchell
green
1 sentence2003Id. 38 at 298. | 1 | 2003–2003 |
Rose v. Rose
green
2 sentences1990But in the same opinion, the United States Supreme Court also noted that waivers of federal sovereign immunity must be strictly construed, id. at 635 , 107 S.Ct. at 2038 , presumably against the party claiming the waiver. 1990But in the same opinion, the United States Supreme Court also noted that waivers of federal sovereign immunity must be strictly construed, id. at 635 , 107 S.Ct. at 2038 , presumably against the party claiming the waiver. | 1 | 1990–1990 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.