Hodges factors (Tennessee) · Go Syfert
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Hodges factors in Tennessee

9 Tennessee opinions name it 2 courts 2008–2024 1 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 (5)

CaseFollowedCited
Culbreath v. First Tennessee Bank National Ass'ngreen
tenn · 2001 · cited in 3 Tennessee opinions naming this issue, 2013–2018
2 sentences

2018“In the absence of sufficient findings of fact and conclusions of law as to each of the relevant Hodges criteria, an appellate court cannot adequately review the trial court’s award of punitive damages.” Id. at 528 .16 Accordingly, we vacate the $5,000.00 awarded as punitive damages and remand this case to the trial court to make specific findings of fact and conclusions of law relative to the Hodges factors and enter judgment accordingly.

2018“In the absence of sufficient findings of fact and conclusions of law as to each of the relevant Hodges criteria, an appellate court cannot adequately review the trial court’s award of punitive damages.” Id. at 528 .16 Accordingly, we vacate the $5,000.00 awarded as punitive damages and remand this case to the trial court to make specific findings of fact and conclusions of law relative to the Hodges factors and enter judgment accordingly.

13
Hodges v. S.C. Toof & Co.green
tenn · 1992 · cited in 2 Tennessee opinions naming this issue, 2013–2024
2 sentences

2024Toof & Co., 833 S.W.2d 896, 902 (Tenn. 1992) (“the Hodges issue”); (5) whether the amount of the punitive damages award violated due process;9 and (6) whether the trial court violated the Lakeside rule.

2013Culbreath, 44 S.W.3d at 529 (citing Hodges, 833 S.W.2d at 901 ).

12
Bean v. Beangreen
tennctapp · 2000 · cited in 1 Tennessee opinions naming this issue, 2015–2015
1 sentence

2015“Courts have routinely held that the failure to make appropriate references to the record and to cite relevant authority in the argument section of the brief as required by Rule 27(a)(7) constitutes a waiver of the issue.” Bean v. Bean, 40 S.W.3d 52, 55 (Tenn. Ct. App. 2000) (citations omitted).

11
Coffey v. Fayette Tubular Productsgreen
tenn · 1996 · cited in 1 Tennessee opinions naming this issue, 2013–2013
2 sentences

2013See, e.g., Coffey v. Fayette Tublar Products, 929 S.W.2d 326 (Tenn. 1996). 8 As explained in Hodges, when a party seeks punitive damages, the trial court, upon motion, is to bifurcate the trial.

2013See, e.g., Coffey v. Fayette Tublar Products, 929 S.W.2d 326 (Tenn. 1996). 8 As explained in Hodges, when a party seeks punitive damages, the trial court, upon motion, is to bifurcate the trial.

11
Laschinski T. Emerson v. Oak Ridge Research, Inc. a/k/a Oak Ridge Realty Holding, Inc. and Nathaniel Revisgreen
tennctapp · 2005 · cited in 1 Tennessee opinions naming this issue, 2008–2008
2 sentences

2008On remand, the trial court should apply the Hodges factors and make appropriate findings of fact and conclusions of law in approving or decreasing the award of punitive damages, if the court deems appropriate, based on the nuisance theory.7 See generally Emerson v. Oak Ridge Research, Inc., 187 S.W.3d 364, 374 (Tenn. Ct. App. 2005) (“Since the Trial Court failed to make such findings and did not conduct the proper analysis in this case, the issue of punitive damages is remanded and the Trial Court is directed to 7 Construction Company does not raise issue with the award of compensatory damages

2008On remand, the trial court should apply the Hodges factors and make appropriate findings of fact and conclusions of law in approving or decreasing the award of punitive damages, if the court deems appropriate, based on the nuisance theory.7 See generally Emerson v. Oak Ridge Research, Inc., 187 S.W.3d 364, 374 (Tenn. Ct. App. 2005) (“Since the Trial Court failed to make such findings and did not conduct the proper analysis in this case, the issue of punitive damages is remanded and the Trial Court is directed to 7 Construction Company does not raise issue with the award of compensatory damages

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 (2)

CaseCitedYears
Earl McLemore v. Elizabethton Medical Investors, Limited Partnership d/b/a Life Care Center of Elizabethton green
tennctapp · 2012
2 sentences

2014Id. at 777 .

2014Id. at 777 .

12014–2014
Hicks v. State green
tenncrimapp · 1998
2 sentences

2009Hicks, 983 S.W.2d at 245 . 14 Moreover, a conviction *222 for a criminal offense, which demands the most stringent standard of proof, may be based entirely upon circumstantial evidence.

2009Hicks, 983 S.W.2d at 245 . 14 Moreover, a conviction *222 for a criminal offense, which demands the most stringent standard of proof, may be based entirely upon circumstantial evidence.

12009–2009

Where else courts name it

TN 9 (2008–2024) TX 7 (1983–2024) GA 7 (1995–2021) FL 6 (1994–2018) AL 5 (1993–2011) IL 4 (2010–2010) MS 3 (1997–2019) IN 2 (1988–2016) CA 2 (1989–2000) ID 2 (2014–2014)

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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