relation-back doctrine (Tennessee) · Go Syfert
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relation-back doctrine in Tennessee

12 Tennessee opinions name it 2 courts 1994–2026 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.

Followed or applied (8)

CaseFollowedCited
Gamble v. Hospital Corp. of Americagreen
tennctapp · 1984 · cited in 3 Tennessee opinions naming this issue, 2000–2004
2 sentences

2001Since the relation back doctrine ameliorates the bar of the statute of limitations, if courts evaluate whether an amendment may relate back in terms of notice, in addition to the statutory requirement of same conduct, transaction, or occurrence, then the defendant still has all the protection that the statute of limitations was intended to give. 676 S.W.2d 340, 343 (Tenn.Ct.App.1984) (citing Tiller v. Atlantic Coast Line R.

2000Since the relation back doctrine ameliorates the bar of the statute of limitations, if courts evaluate whether an amendment may relate back in terms of notice, in addition to the statutory requirement of same conduct, transaction, or occurrence, then the defendant still has all the protection that the statute of limitations was intended to give. 676 S.W.2d 340, 343 (Tenn. Ct. App. 1984) (citing Tiller v. Atlantic Coast Line R.

33
Ware v. Meharry Medical Collegegreen
tenn · 1995 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021As authorized by Tennessee Code Annotated section 16-15-729,2 de novo appeals to circuit courts from general sessions courts entail “an entirely new trial as if no other trial had occurred and as if the case had originated in the circuit court.” Ware v. Meharry Medical College, 898 S.W.2d 181, 184 (Tenn. 1995) (citing Teague v. Gooch, 333 S.W.2d 1, 3 (Tenn. 1960); Odle v. McCormack, 206 S.W.2d 416, 419 (Tenn. 1947); Braverman v. Roberts Constr.

11
Teague v. Goochgreen
tenn · 1960 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021As authorized by Tennessee Code Annotated section 16-15-729,2 de novo appeals to circuit courts from general sessions courts entail “an entirely new trial as if no other trial had occurred and as if the case had originated in the circuit court.” Ware v. Meharry Medical College, 898 S.W.2d 181, 184 (Tenn. 1995) (citing Teague v. Gooch, 333 S.W.2d 1, 3 (Tenn. 1960); Odle v. McCormack, 206 S.W.2d 416, 419 (Tenn. 1947); Braverman v. Roberts Constr.

11
Odle v. McCormackgreen
tenn · 1947 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021As authorized by Tennessee Code Annotated section 16-15-729,2 de novo appeals to circuit courts from general sessions courts entail “an entirely new trial as if no other trial had occurred and as if the case had originated in the circuit court.” Ware v. Meharry Medical College, 898 S.W.2d 181, 184 (Tenn. 1995) (citing Teague v. Gooch, 333 S.W.2d 1, 3 (Tenn. 1960); Odle v. McCormack, 206 S.W.2d 416, 419 (Tenn. 1947); Braverman v. Roberts Constr.

11
Alexander v. Foegengreen
ca10 · 2011 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017See, e.g., Thompson v. Greyhound Lines, Inc., 574 F. App’x 407, 409 (5th Cir. 2014) (“the second complaint does not relate back to the first complaint because the second complaint was not an amendment, but rather the commencement of a separate action”); O’Donnell v. Vencor Inc., 466 F.3d 1104, 1111 (9th Cir. 2006) (explaining that a litigant’s second complaint did not relate back to her first complaint because the second complaint was not an amendment to her first complaint, but rather a separate filing under Federal Rule of Civil Procedure 15); Alexander v. Foegen, 443 F. App’x 333, 334 (10th

11
O'Donnell v. Vencor, Inc.green
ca9 · 2006 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017See, e.g., Thompson v. Greyhound Lines, Inc., 574 F. App’x 407, 409 (5th Cir. 2014) (“the second complaint does not relate back to the first complaint because the second complaint was not an amendment, but rather the commencement of a separate action”); O’Donnell v. Vencor Inc., 466 F.3d 1104, 1111 (9th Cir. 2006) (explaining that a litigant’s second complaint did not relate back to her first complaint because the second complaint was not an amendment to her first complaint, but rather a separate filing under Federal Rule of Civil Procedure 15); Alexander v. Foegen, 443 F. App’x 333, 334 (10th

11
Thompson v. Greyhound Lines, Inc.green
ca5 · 2014 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017See, e.g., Thompson v. Greyhound Lines, Inc., 574 F. App’x 407, 409 (5th Cir. 2014) (“the second complaint does not relate back to the first complaint because the second complaint was not an amendment, but rather the commencement of a separate action”); O’Donnell v. Vencor Inc., 466 F.3d 1104, 1111 (9th Cir. 2006) (explaining that a litigant’s second complaint did not relate back to her first complaint because the second complaint was not an amendment to her first complaint, but rather a separate filing under Federal Rule of Civil Procedure 15); Alexander v. Foegen, 443 F. App’x 333, 334 (10th

11
Waldschmidt v. Smith (In Re York)green
tnmb · 1984 · cited in 1 Tennessee opinions naming this issue, 1994–1994
1 sentence

1994The courts have declined to follow the relation-back rule when the application has been lost, Waldschmidt v. Smith (In re York), 43 B.R. 36, 39 (Bankr.M.D.Tenn.1984); when the application has been rejected, Walker v. Ford Motor Credit Co. (In re Clark), 112 B.R. at 231 ; or when the Motor Vehicle Division has erroneously failed to note the lien.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Doyle v. Frostgreen
tenn · 2001 · cited in 3 Tennessee opinions naming this issue, 2011–2020
2 sentences

2020But cf. Doyle v. Frost, 49 S.W.3d 853, 860 (Tenn. 2001) (holding that Rule 15.03 of the Tennessee Rules of Civil Procedure, pertaining to the relation back doctrine, does not impermissibly extend the statute of limitations in the GTLA); Wade v. Jackson-Madison Cty.

2017“The relation back doctrine does not allow a new cause of action to be filed outside the limitations period[.]” Id.

13

Also cited on this issue (5)

CaseCitedYears
Floyd v. Rentrop green
tenn · 1984
2 sentences

2026Servs., Inc., we identified three requirements for the relation back analysis under Rule 15.03: [A]n amended complaint changing the name of a party relates back to the date of the original pleading if three requirements are met: “(1) the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading . . . if, within the period provided by law for commencing the action against him, the party to be brought in by amendment (2) has received such -8- notice of the institution of the action that he

2000On August 20, 1984, the Supreme Court denied permission to appeal in the Gamble case and, on the same day, decided Floyd v. Rentrop, 675 S.W.2d 165 (Tenn.1984), another case concerning the relation-back doctrine in the field of medical malpractice.

22000–2026
Tiller v. Atlantic Coast Line Railroad green
scotus · 1945
2 sentences

2001Co., 323 U.S. 574 , 65 S.Ct. 421 , 89 L.Ed. 465 (1945)).

2001Co., 323 U.S. 574 , 65 S.Ct. 421 , 89 L.Ed. 465 (1945)).

22000–2001
Conley v. Burlington Northern Railroad green
scotus · 1989
1 sentence

2022So the court held that “[t]o the extent that the cases cited by the defendants contain language indicating that a complaint filed in the name of a deceased plaintiff is a nullity for purposes of applying the relation back doctrine, we disagree with those cases.” Id.

12022–2022
Tiffany Shockley, Individually and as Personal Representative of the Estate of Terry Street v. Mental Health Cooperative, Inc. green
tennctapp · 2013
1 sentence

2020Id. at 590 .

12020–2020
Walker v. Ford Motor Credit Co. (In re Clark) green
tneb · 1990
1 sentence

1994The courts have declined to follow the relation-back rule when the application has been lost, Waldschmidt v. Smith (In re York), 43 B.R. 36, 39 (Bankr.M.D.Tenn.1984); when the application has been rejected, Walker v. Ford Motor Credit Co. (In re Clark), 112 B.R. at 231 ; or when the Motor Vehicle Division has erroneously failed to note the lien.

11994–1994

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 29-20-305 (5) TN § Tenn. Code Ann. § 28-3-104 (4) TN § Tenn. Code Ann. § 29-26-116 (4) TN § Tenn. Code Ann. § 28-1-105 (3) TN § Tenn. Code Ann. § 28-1-115 (3) TN § Tenn. Code Ann. § 29-20-101 (3) TN § Tenn. Code Ann. § 29-20-201 (3) TN § Tenn. Code Ann. § 29-26-115 (3) TN § Tenn. Code Ann. § 29-26-121 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 429 (1929–2026) CA 143 (1965–2025) IL 123 (1962–2026) TX 95 (1958–2025) AL 73 (1984–2026) MI 67 (1977–2026) FL 59 (1961–2025) CT 56 (1988–2023) NC 40 (1971–2025) IA 36 (1992–2026) MD 27 (1962–2022) ID 26 (1984–2018) MS 22 (1987–2018) NJ 22 (1975–2025) CO 18 (1966–2016) LA 18 (1985–2023) PA 17 (1971–2025) OK 16 (1964–2017) UT 16 (1925–2025) GA 16 (1933–2026) MA 15 (1961–2020) MO 15 (1977–2023) OH 14 (1962–2024) WA 13 (1978–2021) IN 12 (1990–2026) TN 12 (1994–2026) MN 9 (1985–2012) DE 9 (1997–2025) NE 8 (1994–2023) MT 8 (1929–2026) AK 8 (1985–2021) OR 7 (1964–2016) NM 7 (1981–2013) AZ 6 (1981–2016) SD 6 (1994–2018) KY 6 (2005–2026) AR 6 (2003–2025) NV 6 (1993–2016) WY 6 (2004–2021) VA 5 (2003–2026) KS 5 (1977–2018) DC 4 (1977–2019) WV 4 (1990–2020) VT 3 (2006–2026) WI 3 (2010–2016) VI 3 (2012–2015) RI 3 (1995–2010) ND 2 (2004–2004) HI 2 (2005–2006)

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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