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6 Tennessee opinions name it 2 courts 2011–2014 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.
| Case | Followed | Cited |
|---|---|---|
Gary M. GOSSETT v. TRACTOR SUPPLY COMPANY, INC.red2 sentences2014“The moving party may make the required showing and therefore shift the burden of production to the nonmoving party by either: (1) affirmatively negating an essential element of the nonmoving party's claim; or (2) showing that the nonmoving party cannot prove an essential element of the claim at trial.”7 Martin, 271 S.W.3d at 83 (citing Hannan v. Alltel 7 In Gossett v. Tractor Supply Co., Inc., 320 S.W.3d 777, 785 (Tenn. 2010), our Supreme Court held that the Hannan standard is applicable to motions for summary judgment on retaliatory discharge claims, not the federal McDonnell Douglas framewo 2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to retaliatory discharge cases: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and order of presentation of proof of each | 4 | 6 |
Timmy Sykes v. Chattanooga Housing Authoritygreen2 sentences2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to -6- retaliatory discharge cases that accrued before June 10, 2011: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and 2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to retaliatory discharge cases: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and order of presentation of proof of each | 4 | 4 |
Kinsler v. Berkline, LLCgreen2 sentences2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to -6- retaliatory discharge cases that accrued before June 10, 2011: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and 2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to retaliatory discharge cases: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and order of presentation of proof of each | 1 | 3 |
Staples v. CBL & Associates, Inc.green1 sentence2012Auth., 343 S.W.3d 18, 26 (Tenn. 2011) (citing Staples v. CBL & Assocs., Inc., 15 S.W.3d 83, 89 (Tenn. 2000)). 2 Recently, in Gossett v. Tractor Supply Co. Inc., 320 S.W.3d 777, 785-86 (Tenn. 2010), and in Kinsler v. Berkline, LLC, 320 S.W.3d 796, 801 (Tenn. 2010), our state Supreme Court held that the Hannan summary judgment standard applies in retaliatory discharge cases and expressly rejected the federal McDonnell Douglas framework. 3 We note that the recent amendment to the TPPA, Tennessee Code Annotated section 50-1-304(g), and the enactment of section 50-1-701 are inapplicable to the case | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allyn v. Wright
neutral
1 sentence2014“The moving party may make the required showing and therefore shift the burden of production to the nonmoving party by either: (1) affirmatively negating an essential element of the nonmoving party's claim; or (2) showing that the nonmoving party cannot prove an essential element of the claim at trial.”7 Martin, 271 S.W.3d at 83 (citing Hannan v. Alltel 7 In Gossett v. Tractor Supply Co., Inc., 320 S.W.3d 777, 785 (Tenn. 2010), our Supreme Court held that the Hannan standard is applicable to motions for summary judgment on retaliatory discharge claims, not the federal McDonnell Douglas framewo | 1 | 2014–2014 |
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.