guiding principle in Tennessee

2024We note, however, that “Tennessee has adopted the Restatement (Second) of Torts § 552 as the guiding principle in negligent misrepresentation actions against other professionals and business persons.” Bethlehem Steel Corp. v. Ernst & Whinney, 822 S.W.2d 592, 595 (Tenn. 1991); see also Grogan v. Uggla, 535 S.W.3d 864, 870 (Tenn. 2017) (reaffirming that Section 552 is applicable in Tennessee).

2019As noted by Batten, in Robinson v. Omer, 952 S.W.2d 423 (Tenn. 1997), the Tennessee Supreme Court discussed the essential elements of a negligent misrepresentation claim: Tennessee has adopted Section 552 of the Restatement (Second) of Torts “as the guiding principle in negligent misrepresentation actions against other professionals and business persons.” Bethlehem Steel Corp. v. Ernst & Whinney, 822 S.W.2d 592, 595 (Tenn. 1991).

2010See Johnson v. State, 531 S.W.2d 558, 559 (Tenn. 1975).

2003See Johnson v. State, 531 S.W.2d 558, 559 (Tenn. 1975).

2019As noted by Batten, in Robinson v. Omer, 952 S.W.2d 423 (Tenn. 1997), the Tennessee Supreme Court discussed the essential elements of a negligent misrepresentation claim: Tennessee has adopted Section 552 of the Restatement (Second) of Torts “as the guiding principle in negligent misrepresentation actions against other professionals and business persons.” Bethlehem Steel Corp. v. Ernst & Whinney, 822 S.W.2d 592, 595 (Tenn. 1991).

2012In addition to those allegations above, at Paragraphs 258, 268, and 278, Appellants claim that Kimbrow, Fearnley & Califf, and Community Title are “also liable for negligent misrepresentation” because “[t]he statements as to the enforceability [of the partnership contracts] were made ... without exercising reasonable care in obtaining or communicating the information .... ” In Robinson v. Omer, 952 S.W.2d 423 (Tenn.1997), our Supreme Court discussed the essential elements of a negligent misrepresentation claim: Tennessee has adopted Section 552 of the Restatement (Second) of Torts “as the guid

2014Seals v. H & F, Inc., 301 S.W.3d 237, 241-42 (Tenn. 2010); State v. Sliger, 846 S.W.2d 262, 263 (Tenn. 1993).

2001State v. Sliger, 846 S.W.2d 262, 263 (Tenn.1993).

2012Bethlehem Steel Corp. v. Ernst & Whinney, 822 S.W.2d 592, 595 (Tenn.1991); John Martin Co. v. Morse/Diesel, Inc., 819 S.W.2d 428, 433 (Tenn.1991).

1999John Martin Co. v. Morse/Diesel, Inc., 819 S.W.2d 428, 432 (Tenn. 1991).

2014Beach Communications, 508 U.S. at 314–15; see also Dandridge v. Williams, 397 U.S. 471, 485 , 90 S.Ct. 1153, 1161 , 25 L.Ed.2d 491 (1970) (classification does not violate equal protection simply because it “is not made with mathematical nicety or because in practice it results in some inequality”) (internal quotation marks omitted); Metropolis Theatre Co. v. Chicago, 228 U.S. 61 , 69–70, 33 S.Ct. 441, 443 , 57 L.Ed. 730 (1913) (“The problems of government are practical ones and may justify, if they do not require, rough accommodations—illogical, it may be, and unscientific”); Heath & Milligan

2014Beach Communications, 508 U.S. at 314–15; see also Dandridge v. Williams, 397 U.S. 471, 485 , 90 S.Ct. 1153, 1161 , 25 L.Ed.2d 491 (1970) (classification does not violate equal protection simply because it “is not made with mathematical nicety or because in practice it results in some inequality”) (internal quotation marks omitted); Metropolis Theatre Co. v. Chicago, 228 U.S. 61 , 69–70, 33 S.Ct. 441, 443 , 57 L.Ed. 730 (1913) (“The problems of government are practical ones and may justify, if they do not require, rough accommodations—illogical, it may be, and unscientific”); Heath & Milligan

2014See also Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 464 , 101 S.Ct. 715, 723 , 66 L.Ed.2d 659 (1981). “‘Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.’” Lehnhausen, supra, 410 U.S., at 365 , 93 S.Ct., at 1006 (quoting Carmichael v. Southern Coal & Coke Co., 301 U.S. 495, 510 , 57 S.Ct. 868, 872 , 81 L.Ed. 1245 (1937)).

2014See also Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 464 , 101 S.Ct. 715, 723 , 66 L.Ed.2d 659 (1981). “‘Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.’” Lehnhausen, supra, 410 U.S., at 365 , 93 S.Ct., at 1006 (quoting Carmichael v. Southern Coal & Coke Co., 301 U.S. 495, 510 , 57 S.Ct. 868, 872 , 81 L.Ed. 1245 (1937)).

2014See Dissent at pp. 3-4. -9- 949 A.2d 1092, 1120 (Conn. 2008) (recognizing that “the guiding principle is whether the [confinement or movement] was so much the part of another substantive crime that the substantive crime could not have been committed without such acts”) (internal quotation marks omitted) (citation omitted).

2014See also Salamon, 949 A.2d at 1120 (recognizing that “the guiding principle is whether the [confinement or movement] was so much the part of another substantive crime that the substantive crime could not have been committed without such acts”) (internal quotation marks omitted) (citation omitted).

2014See also Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 464 , 101 S.Ct. 715, 723 , 66 L.Ed.2d 659 (1981). “‘Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.’” Lehnhausen, supra, 410 U.S., at 365 , 93 S.Ct., at 1006 (quoting Carmichael v. Southern Coal & Coke Co., 301 U.S. 495, 510 , 57 S.Ct. 868, 872 , 81 L.Ed. 1245 (1937)).

2014See also Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 464 , 101 S.Ct. 715, 723 , 66 L.Ed.2d 659 (1981). “‘Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.’” Lehnhausen, supra, 410 U.S., at 365 , 93 S.Ct., at 1006 (quoting Carmichael v. Southern Coal & Coke Co., 301 U.S. 495, 510 , 57 S.Ct. 868, 872 , 81 L.Ed. 1245 (1937)).

2014Beach Communications, 508 U.S. at 314–15; see also Dandridge v. Williams, 397 U.S. 471, 485 , 90 S.Ct. 1153, 1161 , 25 L.Ed.2d 491 (1970) (classification does not violate equal protection simply because it “is not made with mathematical nicety or because in practice it results in some inequality”) (internal quotation marks omitted); Metropolis Theatre Co. v. Chicago, 228 U.S. 61 , 69–70, 33 S.Ct. 441, 443 , 57 L.Ed. 730 (1913) (“The problems of government are practical ones and may justify, if they do not require, rough accommodations—illogical, it may be, and unscientific”); Heath & Milligan

2014Beach Communications, 508 U.S. at 314–15; see also Dandridge v. Williams, 397 U.S. 471, 485 , 90 S.Ct. 1153, 1161 , 25 L.Ed.2d 491 (1970) (classification does not violate equal protection simply because it “is not made with mathematical nicety or because in practice it results in some inequality”) (internal quotation marks omitted); Metropolis Theatre Co. v. Chicago, 228 U.S. 61 , 69–70, 33 S.Ct. 441, 443 , 57 L.Ed. 730 (1913) (“The problems of government are practical ones and may justify, if they do not require, rough accommodations—illogical, it may be, and unscientific”); Heath & Milligan

2014See also Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 464 , 101 S.Ct. 715, 723 , 66 L.Ed.2d 659 (1981). “‘Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.’” Lehnhausen, supra, 410 U.S., at 365 , 93 S.Ct., at 1006 (quoting Carmichael v. Southern Coal & Coke Co., 301 U.S. 495, 510 , 57 S.Ct. 868, 872 , 81 L.Ed. 1245 (1937)).

2014See also Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 464 , 101 S.Ct. 715, 723 , 66 L.Ed.2d 659 (1981). “‘Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.’” Lehnhausen, supra, 410 U.S., at 365 , 93 S.Ct., at 1006 (quoting Carmichael v. Southern Coal & Coke Co., 301 U.S. 495, 510 , 57 S.Ct. 868, 872 , 81 L.Ed. 1245 (1937)).

2010Nat’l Gas Distribs., Inc. v. State, 804 S.W.2d 66, 67 (Tenn. 1991).

2010Nat’l Gas Distribs., Inc. v. State, 804 S.W.2d 66, 67 (Tenn.1991).

2008Citing Third Nat’l Bank v. Stevens, 755 S.W.2d 459,462 (Tenn. Ct. App. 1988), the appellants correctly note that the testator’s intent is the guiding principle in all will cases.

2008Citing Third Nat’l Bank v. Stevens, 755 S.W.2d 459, 462 (Tenn.Ct.App.1988), the appellants correctly note that the testator’s intent is the guiding principle in all will cases.

1994Long v. Stateline Sys., Inc., 738 S.W.2d 622, 623 (Tenn.1985).

1993Long v. Stateline Sys., Inc., 738 S.W.2d 622, 623 (Tenn.1985).

2000Id. at ___.

1998See, e.g., Snyder v. LTG Lufttechnische GmbH, 955 S.W.2d 252 (Tenn.1997)(holding that fault may not be assessed against an immune employer in an employee’s tort action against a third party).

2024We note, however, that “Tennessee has adopted the Restatement (Second) of Torts § 552 as the guiding principle in negligent misrepresentation actions against other professionals and business persons.” Bethlehem Steel Corp. v. Ernst & Whinney, 822 S.W.2d 592, 595 (Tenn. 1991); see also Grogan v. Uggla, 535 S.W.3d 864, 870 (Tenn. 2017) (reaffirming that Section 552 is applicable in Tennessee).

2015The guiding principle of statutory interpretation is to "ascertain and give effect to the legislature's intent without unduly restricting or expanding a statute's coverage beyond its intended scope." Lyons v. Rasar, 872 S.W.2d 895, 897 (Tenn. 1994).

2014Seals v. H & F, Inc., 301 S.W.3d 237, 241-42 (Tenn. 2010); State v. Sliger, 846 S.W.2d 262, 263 (Tenn. 1993).

2014As the Tennessee Supreme Court has explained: This Court has adhered strictly to the guiding principle that the American Rule, prohibiting an award of attorney fees, will apply unless a contract specifically and expressly creates a right to recover ‘attorney fees’ or some other recognized exception to the American Rule is present. -4- Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303, 310 (Tenn. 2009). (emphasis added).

2013Miller v. Miller, 336 S.W.3d 578, 583 (Tenn. Ct. App. 2010).

2010An essential requirement for a claim of negligent misrepresentation is “detrimental reliance on a false premise.” McNeil v. Nofal, 185 S.W.3d 402, 408 (Tenn. Ct. App. 2005) (supporting citations omitted).