Restatement test (Tennessee) · Go Syfert
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Restatement test in Tennessee

16 Tennessee opinions name it 3 courts 1952–2019 0 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.

Followed or applied (10)

CaseFollowedCited
Ferrell v. Elrodgreen
tennctapp · 1971 · cited in 2 Tennessee opinions naming this issue, 2000–2001
2 sentences

2001Cf. Ferrell v. Elrod, 63 Tenn.App. 129 , 469 S.W.2d 678, 690 (1971) (permitting, among other things, loss rent from a breach of a lease).

2001Cf. Ferrell v. Elrod, 63 Tenn.App. 129 , 469 S.W.2d 678, 690 (1971) (permitting, among other things, loss rent from a breach of a lease).

22
Miller v. Willbanksgreen
tenn · 1999 · cited in 2 Tennessee opinions naming this issue, 2003–2005
2 sentences

2005See Miller, 8 S.W.3d at 612 (stating that this Court has “ground[ed] the cause of action for intentional infliction of emotional distress within the Restatement framework”); Medlin, 398 S.W.2d at 274 (basing its holding on the Second Restatement).

2005See Miller, 8 S.W.3d at 612 (stating that this Court has “ground[ed] the cause of action for intentional infliction of emotional distress within the Restatement framework”); Medlin, 398 S.W.2d at 274 (basing its holding on the Second Restatement).

12
Waste Management, Inc. v. South Central Bell Telephone Co.green
tennctapp · 1997 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019Co., 15 S.W.3d 425, 432 (Tenn. Ct. App. 1997) (considering provisions of a Restatement in analysis); Rose v. Third Nat.

11
Rose v. Third Nat. Bankgreen
tennctapp · 1944 · cited in 1 Tennessee opinions naming this issue, 2019–2019
2 sentences

2019Bank, 183 S.W.2d 1, 9 (Tenn. Ct. App. 1944) (considering provisions of a Restatement in analysis).

2019Bank, 183 S.W.2d 1, 9 (Tenn. Ct. App. 1944) (considering provisions of a Restatement in analysis).

11
Medlin v. Allied Investment Companygreen
· 1966 · cited in 1 Tennessee opinions naming this issue, 2005–2005
2 sentences

2005See Miller, 8 S.W.3d at 612 (stating that this Court has “ground[ed] the cause of action for intentional infliction of emotional distress within the Restatement framework”); Medlin, 398 S.W.2d at 274 (basing its holding on the Second Restatement).

2005See Miller, 8 S.W.3d at 612 (stating that this Court has “ground[ed] the cause of action for intentional infliction of emotional distress within the Restatement framework”); Medlin, 398 S.W.2d at 274 (basing its holding on the Second Restatement).

11
Metropolitan Government of Nashville v. Countsgreen
tenn · 1976 · cited in 1 Tennessee opinions naming this issue, 2002–2002
2 sentences

2002Metropolitan Gov’t of Nashville and Davidson County v. Counts, 541 S.W.2d 133, 136 (Tenn. 1976) (citations omitted).

2002Metropolitan Gov’t of Nashville and Davidson County v. Counts, 541 S.W.2d 133, 136 (Tenn. 1976) (citations omitted).

11
Harvey v. Hansengreen
pasuperct · 1982 · cited in 1 Tennessee opinions naming this issue, 2002–2002
2 sentences

2002See Harvey v. Hansen, 299 Pa.Super. 474 , 445 A.2d 1228, 1231 (1982) (distinguishing between artificial and natural vegetation is “arbitrary at best”).

2002See Harvey v. Hansen, 299 Pa.Super. 474 , 445 A.2d 1228, 1231 (1982) (distinguishing between artificial and natural vegetation is “arbitrary at best”).

11
Raritan River Steel Co. v. Cherry, Bekaert & Hollandgreen
nc · 1988 · cited in 1 Tennessee opinions naming this issue, 1991–1991
2 sentences

1991See Raritan River Steel, 367 S.E.2d at 617 .

1991See Raritan River Steel, 367 S.E.2d at 617 .

11
State v. Waggonergreen
tenn · 1889 · cited in 1 Tennessee opinions naming this issue, 1952–1952
2 sentences

1952See Knott v. Stewart County, 185 Tenn. 623 , 207 S. W. (2d) 337 , for a restatement of the rule in State v. Waggoner, 88 Tenn. 290 , 12 S. W. 721 , cited in our original opinion.

1952See Knott v. Stewart County, 185 Tenn. 623 , 207 S.W. (2d) 337 , for a restatement of the rule in State v. Waggoner, 88 Tenn. 290 , 12 S.W. 721 , cited in our original opinion.

11
Knott v. Stewart Countygreen
tenn · 1948 · cited in 1 Tennessee opinions naming this issue, 1952–1952
2 sentences

1952See Knott v. Stewart County, 185 Tenn. 623 , 207 S. W. (2d) 337 , for a restatement of the rule in State v. Waggoner, 88 Tenn. 290 , 12 S. W. 721 , cited in our original opinion.

1952See Knott v. Stewart County, 185 Tenn. 623 , 207 S. W. (2d) 337 , for a restatement of the rule in State v. Waggoner, 88 Tenn. 290 , 12 S. W. 721 , cited in our original opinion.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Hornwood v. Smith's Food King No. 1 green
nev · 1989
2 sentences

2001As the cases cited by the majority recognize, diminution-in-value damages are in fact a measure of special damages, see Hornwood v. Smith's Food King No. 1, 105 Nev. 188 , 772 P.2d 1284 (1989); Lechmere, Inc., 464 S.E.2d at 62-63 , and as such, these damages are properly awarded in this state only when the damages are (1) plead with specificity, Tenn. R.

2001As the cases cited by the majority recognize, diminution-in-value damages are in fact a measure of special damages, see Hornwood v. Smith's Food King No. 1, 105 Nev. 188 , 772 P.2d 1284 (1989); Lechmere, Inc., 464 S.E.2d at 62-63 , and as such, these damages are properly awarded in this state only when the damages are (1) plead with specificity, Tenn. R.

22000–2001
Tollett v. Henderson green
scotus · 1973
2 sentences

2001In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, [ 411 U.S. 258 , 93 S. Ct. 1602 (1973)], and McMann v. Richardson, [ 397 U.S. 759 , 90 S. Ct. 1441 (1970)].

2001In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, [ 411 U.S. 258 , 93 S. Ct. 1602 (1973)], and McMann v. Richardson, [ 397 U.S. 759 , 90 S. Ct. 1441 (1970)].

22001–2001
McMann v. Richardson green
scotus · 1970
2 sentences

2001In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, [ 411 U.S. 258 , 93 S. Ct. 1602 (1973)], and McMann v. Richardson, [ 397 U.S. 759 , 90 S. Ct. 1441 (1970)].

2001In the context of guilty pleas, the first half of the Strickland v. Washington test is nothing more than a restatement of the standard of attorney competence already set forth in Tollett v. Henderson, [ 411 U.S. 258 , 93 S. Ct. 1602 (1973)], and McMann v. Richardson, [ 397 U.S. 759 , 90 S. Ct. 1441 (1970)].

22001–2001
Pleasant Valley Promenade v. Lechmere, Inc. green
ncctapp · 1995
2 sentences

2001As the cases cited by the majority recognize, diminution-in-value damages are in fact a measure of special damages, see Hornwood v. Smith's Food King No. 1, 105 Nev. 188 , 772 P.2d 1284 (1989); Lechmere, Inc., 464 S.E.2d at 62-63 , and as such, these damages are properly awarded in this state only when the damages are (1) plead with specificity, Tenn. R.

2001As the cases cited by the majority recognize, diminution-in-value damages are in fact a measure of special damages, see Hornwood v. Smith's Food King No. 1, 105 Nev. 188 , 772 P.2d 1284 (1989); Lechmere, Inc., 464 S.E.2d at 62-63 , and as such, these damages are properly awarded in this state only when the damages are (1) plead with specificity, Tenn. R.

22000–2001
State v. Stephenson green
tenn · 2006
1 sentence

2013There, the petitioner asserted that “nullification of the sentence of life without parole necessarily negated the agreement regarding the conspiracy sentence.” Stephenson, 195 S.W.3d at 596 n.16.

12013–2013
Volkswagen of America, Inc. v. Gentry green
gactapp · 2002
2 sentences

2006A later restatement of this rule by the Court of Appeals of Georgia occurred in Volkswagen of Am., Inc. v. Gentry, 254 Ga.App. 888 , 564 S.E.2d 733 (2002).

2006A later restatement of this rule by the Court of Appeals of Georgia occurred in Volkswagen of Am., Inc. v. Gentry, 254 Ga.App. 888 , 564 S.E.2d 733 (2002).

12006–2006
State v. Blackwell green
tenn · 1984
1 sentence

1991Rule 606(b) of the Tennessee Rules of Evidence, a restatement of the rule adopted by this Court in State v. Blackwell, 664 S.W.2d 686 (Tenn.1984), lists those factors that invalidate a verdict: extraneous prejudicial information, improper outside influence, and an agreement to be bound by a quotient or gambling verdict.

11991–1991
Stinson v. Brand green
tenn · 1987
2 sentences

1991One such case was Stinson v. Brand, 738 S.W.2d 186 (Tenn.1987), which found that an attorney may be liable to a third party for negligence even if no attorney-client relationship was intended.

1991One such case was Stinson v. Brand, 738 S.W.2d 186 (Tenn.1987), which found that an attorney may be liable to a third party for negligence even if no attorney-client relationship was intended.

11991–1991
Crabtree Masonry Co. v. C & R Construction, Inc. green
tenn · 1978
2 sentences

1984For a restatement of the rule by which we are governed in conducting our review in this case we quote from Crabtree Masonry Co. v. C & R Const., Inc., Tenn., 575 S.W.2d 4 (1978), as follows: “It is the time honored rule in this State that in reviewing a judgment based upon a jury verdict the appellate courts are not at liberty to weigh the evidence or to decide where the preponderance lies, but are limited to determining whether there is material evidence to support the verdict; and in determining whether there is material evidence to support the verdict, the appellate court is required to tak

1984Having thus examined the record, if there be any material evidence to support the verdict, it must be affirmed; if it were otherwise, the parties would be deprived of their constitutional right to trial by jury.” (Citations omitted.) 575 S.W.2d at 5 .

11984–1984
O'Quin v. Baptist Memorial Hospital green
tenn · 1947
2 sentences

1983Baptist Memorial Hospital, (1947 Tenn.) 184 Tenn. 570 , 201 S.W.2d 694 , and reiterated in Spivey vs.

1983Baptist Memorial Hospital, (1947 Tenn.) 184 Tenn. 570 , 201 S.W.2d 694 , and reiterated in Spivey vs.

11983–1983

Where else courts name it

CA 103 (1909–2025) TX 86 (1927–2026) PA 68 (1901–2026) AZ 55 (1953–2026) NJ 53 (1957–2026) WA 49 (1943–2025) IL 47 (1946–2016) IN 44 (1979–2019) OR 40 (1960–2020) NY 39 (1900–2024) OH 33 (1950–2024) AL 32 (1911–2017) IA 32 (1972–2026) MI 31 (1891–2023) DE 30 (1945–2026) MO 29 (1889–2023) CT 26 (1982–2026) FL 25 (1968–2021) MN 23 (1954–2024) MD 23 (1960–2023) UT 20 (1983–2026) WI 19 (1931–2019) VT 19 (1991–2026) MA 18 (1975–2010) DC 17 (1987–2025) NM 17 (1916–2024) TN 16 (1952–2019) KS 16 (1972–2022) AK 14 (1975–2024) GA 13 (1923–2022) CO 13 (1986–2024) LA 12 (1964–2021) NE 11 (1930–2026) VA 11 (1932–2026) ME 11 (1955–2020) RI 11 (1956–2019) MT 10 (1955–2020) SD 10 (1970–2023) OK 10 (1965–2011) MS 9 (1966–2017) ND 9 (1976–2024) AR 9 (1907–2014) ID 7 (1983–2005) VI 7 (1980–2023) WV 7 (1956–2023) HI 6 (1945–2020) SC 5 (1968–2023) KY 5 (1919–2016) WY 5 (1981–1992) NV 5 (1983–2017) NC 4 (1969–1998) NH 3 (1992–2024)

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.

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