foundation privilege (Tennessee) · Go Syfert
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foundation privilege in Tennessee

11 Tennessee opinions name it 3 courts 1815–2015 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 (7)

CaseFollowedCited
Smith v. Reedgreen
tennctapp · 1996 · cited in 2 Tennessee opinions naming this issue, 2007–2015
2 sentences

2015Thus, the fair report privilege has traditionally protected ―newspapers which make reports of judicial proceedings to the public, in order that members of the public may be apprised of what takes place in the proceedings without 7 having been present.‖ Smith v. Reed, 944 S.W.2d 623, 625 (Tenn. Ct. App. 1996).

2007Thus, the fair report privilege has traditionally protected “newspapers which make reports of judicial proceedings to the public, in order that members of the public may be apprised of what takes place in the proceedings without having been present.” Smith v. Reed, 944 S.W.2d 623, 625 (Tenn.Ct.App.1996).

22
Langford Ex Rel. Langford v. Vanderbilt Universitygreen
tenn · 1956 · cited in 2 Tennessee opinions naming this issue, 2007–2015
2 sentences

2015Over thirty years later, the court pointed out that the foundation of the privilege was the importance attached to keeping the public informed of the proceedings in court, American Publ’g Co. v. Gamble, 115 Tenn. 663, 678 , 90 S.W. 1005 , 1008 (1906), and of the contents of papers filed in court, Langford v. Vanderbilt Univ., 199 Tenn. 389, 399 , 287 S.W.2d 32, 37 (1956).

2015Over thirty years later, the court pointed out that the foundation of the privilege was the importance attached to keeping the public informed of the proceedings in court, American Publ’g Co. v. Gamble, 115 Tenn. 663, 678 , 90 S.W. 1005 , 1008 (1906), and of the contents of papers filed in court, Langford v. Vanderbilt Univ., 199 Tenn. 389, 399 , 287 S.W.2d 32, 37 (1956).

22
United States v. Valenzuela-Bernalgreen
scotus · 1982 · cited in 2 Tennessee opinions naming this issue, 2010–2014
2 sentences

2014See, e.g., United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982).

2010See, e.g., United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982) (holding that a defendant who attempts to establish a violation of his constitutional right to compulsory process “must at least make a plausible showing of how [the witness’s] testimony would have been both material and favorable to his defense”); State v. Smith, 639 S.W.2d 677, 680 (Tenn. Crim.

22
Washington v. Texasgreen
scotus · 1967 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014Washington v. Texas, 388 U.S. 14, 19 (1967). -17- The foundation of a claim of denial of compulsory process is that the witness or the evidence the Defendant seeks to offer is material to the defense.

11
Bryan v. Paramount Packaging Corp.green
tenn · 1984 · cited in 1 Tennessee opinions naming this issue, 2012–2012
2 sentences

2012Our research suggests that the willful misconduct defense has been successful only when the employer has been able to conclusively establish that the employee deliberately and intentionally violated known and strictly enforced policies “designed to preserve the employee from serious bodily harm.” Bryan v. Paramount Packaging Corp., 677 S.W.2d 453, 455 (Tenn.1984) (observing that “disobedience of a ‘rule’ is not willful misconduct where the ‘rule’ is habitually disregarded with the knowledge and acquiescence of the employer”); see also 2 Lex K.

2012Our research suggests that the willful misconduct defense has been successful only when the employer has been able to conclusively establish that the employee deliberately and intentionally violated known and strictly enforced policies “designed to preserve the employee from serious bodily harm.” Bryan v. Paramount Packaging Corp., 677 S.W.2d 453, 455 (Tenn. 1984) (observing that “disobedience of a ‘rule’ is not willful misconduct where the ‘rule’ is habitually disregarded with the knowledge and acquiescence of the employer”); see also 2 Lex K.

11
State v. Smithgreen
tenncrimapp · 1982 · cited in 1 Tennessee opinions naming this issue, 2010–2010
1 sentence

2010See, e.g., United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982) (holding that a defendant who attempts to establish a violation of his constitutional right to compulsory process “must at least make a plausible showing of how [the witness’s] testimony would have been both material and favorable to his defense”); State v. Smith, 639 S.W.2d 677, 680 (Tenn. Crim.

11
State v. Sparksgreen
tenn · 1995 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999State v. Sparks, 891 S.W.2d 607, 614 (Tenn. 1995).

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 (7)

CaseCitedYears
American Publishing Co. v. Gamble green
· 1905
2 sentences

2015Over thirty years later, the court pointed out that the foundation of the privilege was the importance attached to keeping the public informed of the proceedings in court, American Publ’g Co. v. Gamble, 115 Tenn. 663, 678 , 90 S.W. 1005 , 1008 (1906), and of the contents of papers filed in court, Langford v. Vanderbilt Univ., 199 Tenn. 389, 399 , 287 S.W.2d 32, 37 (1956).

2007Over thirty years later, the court pointed out that the foundation of the privilege was the importance attached to keeping the public informed of the proceedings in court, American Publ’g Co. v. Gamble, 115 Tenn. 663, 678 , 90 S.W. 1005 , 1008 (1906), and of the contents of papers filed in court, Langford v. Vanderbilt Univ., 199 Tenn. 389, 399 , 287 S.W.2d 32, 37 (1956).

22007–2015
Glus v. Brooklyn Eastern District Terminal green
scotus · 1959
2 sentences

1972Given the foundation of the doctrine of equitable estoppel on broad principles of honesty and fair dealing, it may well be, as the plaintiff insists, that whether misrepresentations of law may be the basis of an equitable estoppel depends on “who made them and the circumstances in which they were made.” Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231 , 79 S.Ct. 760 , 3 L.Ed.2d 770 (1959).

1972Given the foundation of the doctrine of equitable estoppel on broad principles of honesty and fair dealing, it may well be, as the plaintiff insists, that whether misrepresentations of law may be the basis of an equitable estoppel depends on “who made them and the circumstances in which they were made.” Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231 , 79 S.Ct. 760 , 3 L.Ed.2d 770 (1959).

11972–1972
Vincent v. Vincent neutral
tenn · 1870
1 sentence

1947The case of Vincent v. Vincent, Adm’r, 48 Tenn. 333 , enunciates the rule that, to carry out the intention of the Legislature, the dower should include the mansion house and other buildings and improvements “without any reference whatever to the value of the buildings and other improvements.” The foundation for the rule was said to be that the leading object of the statute was to give the widow the mansion house and buildings, or such part thereof as will afford her a decent residence, due regard being had to her condition and past manner of life — not to compel the widow to take all the build

11947–1947
James v. Fields neutral
tenn · 1871
1 sentence

1947The court there recognized the distinction between farm lands and city property when it said: “But, as in cities and towns, the buildings and other improvements often constitute the bulk of the estate, and by assigning the whole to the widow, as dower, injustice might be done to the children or other relatives, Section 2402 (now 8355) provides against such manifest injustice by declaring that such part or portion only shall be assigned as will be sufficient to afford her a decent residence.” The next case to come before the Supreme Court, James v. Fields, 52 Tenn. 394 , involved the widow’s ri

11947–1947
Malone v. Williams green
tenn · 1907
1 sentence

1930No. substantial challenge of this conclusion of the chancellor is made. *430 In Malone v. Williams, 118 Tenn., 390 , a section of chapter 51 of the Acts of 1907, providing a charter for Memphis contained a clause that — “No error or irregularity in any 'assessment, . . . shall in any manner affect or impair the validity of any sale or other proceeding for their (taxes’) collection.” It was said that the assessment is the foundation of the claim of the Government against the citizen for taxes and decided that — “A law providing that this sum shall be due no matter what error there may be in the

11930–1930
Atkins v. . Withers green
· 1886
1 sentence

1928No. 3 Atkins v. Witners, 94 N. C., 581, 591 , so stating the foundation of the rule, but holding that a presumption of fraud arises. 1 Bigelow on Frauds, 261-262.” The failure of John Nobles to give them any .information touching these matters left the court and jury to conclude that the facts touching the preparation and execution of the will were unfavorable to him else he would have brought them out and given the court and jury the benefit of them.

11928–1928
Hampton's Lessee v. M'ginnis neutral
· 1808
1 sentence

1815It will bear that interpretation when taken in connection with the fifth section of chapter 38 of the same session, as stated in the case of Hampton v. M'Ginnis, 1 Tenn. 286 ; but taking it in connection with any law, before or after, common or statute, it never can be construed to require that the possessor should exhibit a regular chain of paper title from the State to himself before his possession can be available under the statute. 2 To require it would subvert all grounds of analogy to the principle of the common law, and clearly contravene the express object of the legislature, which was

11815–1815

Where else courts name it

CA 135 (1884–2026) NY 109 (1839–2025) TX 93 (1858–2025) IL 79 (1873–2025) CT 69 (1878–2024) MO 65 (1876–2022) PA 50 (1842–2026) GA 38 (1900–2025) WA 29 (1908–2025) MD 28 (1905–2019) IA 27 (1864–2019) AL 27 (1882–2013) OH 26 (1837–2023) NC 26 (1880–2026) KY 26 (1880–2014) MA 24 (1866–2019) MT 20 (1885–2012) FL 20 (1931–2024) NJ 19 (1911–2026) IN 18 (1865–2002) MI 17 (1831–2015) NM 17 (1897–2024) KS 17 (1896–2024) OR 16 (1886–2026) MN 16 (1897–2025) AZ 15 (1899–2024) VA 15 (1899–2021) MS 15 (1921–2022) HI 15 (1905–2021) LA 14 (1895–2013) ID 14 (1888–2025) UT 14 (1891–2024) WI 13 (1875–2025) OK 13 (1921–1998) WV 13 (1886–2022) CO 12 (1903–2026) NE 12 (1894–2024) TN 11 (1815–2015) VT 9 (1883–2020) DE 8 (1944–2026) ME 8 (1853–2006) SD 7 (1912–2004) DC 7 (1899–2009) SC 6 (1911–2018) WY 6 (1925–1997) ND 5 (1907–1980) AR 5 (1933–2015) NH 5 (1826–2012) AK 2 (1971–2006) NV 2 (1925–2026) RI 2 (1890–1893)

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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