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9 Tennessee opinions name it 1 courts 2000–2021 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.
| Case | Followed | Cited |
|---|---|---|
Walter D. Adams v. Csx Transportation, Inc.green2 sentences2013When considering whether an employer was negligent under FELA, “courts are to analyze the elements necessary to establish a common law negligence claim.” Id. (citing Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir. 1990); Davis v. Burlington Northern, Inc., 541 F.2d 182 (8th Cir. 1976), cert. denied, 429 U.S. 1002 , 97 S. Ct. 533 , 50 L. 2013When considering whether an employer was negligent under FELA, “courts are to analyze the elements necessary to establish a common law negligence claim.” Id. (citing Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir. 1990); Davis v. Burlington Northern, Inc., 541 F.2d 182 (8th Cir. 1976), cert. denied, 429 U.S. 1002 , 97 S.Ct. 533 , 50 L.Ed. 2d 613 (1976)). | 4 | 4 |
Continental Airlines, Inc. v. Kiefergreen1 sentence2021PHI asserts that “[a]n award of PHI’s usual, customary and reasonable rate under any common law theory, including unjust enrichment, does not have a significant effect on PHI’s prices, and therefore, is not preempted.” Corizon argues that PHI’s claims “attempt to use state common law to directly 6 In Knopp, the Court held that a common law negligence claim was not preempted by the ADA, because it did “not impinge in any significant way on Congress’ concern” that states would impair federal deregulation of airlines. 938 S.W.2d at 362 (quoting Cont’l Airlines, Inc. v. Kiefer, 920 S.W.2d 274, 282 | 1 | 1 |
Rice v. Sabirgreen1 sentence2019Rice v. Sabir, 979 S.W.2d 305, 308 (Tenn. 1998) (emphasis added). | 1 | 1 |
White Ex Rel. Estate of White v. Lawrencegreen1 sentence2009Id. (citing White v. Lawrence, 975 S.W.2d 525, 529 (Tenn. 1998)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Orie W. Davis v. Burlington Northern, Inc.
green
2 sentences2013When considering whether an employer was negligent under FELA, “courts are to analyze the elements necessary to establish a common law negligence claim.” Id. (citing Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir. 1990); Davis v. Burlington Northern, Inc., 541 F.2d 182 (8th Cir. 1976), cert. denied, 429 U.S. 1002 , 97 S. Ct. 533 , 50 L. 2013When considering whether an employer was negligent under FELA, “courts are to analyze the elements necessary to establish a common law negligence claim.” Id. (citing Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir. 1990); Davis v. Burlington Northern, Inc., 541 F.2d 182 (8th Cir. 1976), cert. denied, 429 U.S. 1002 , 97 S.Ct. 533 , 50 L.Ed. 2d 613 (1976)). | 4 | 2009–2013 |
Davis v. Burlington Northern, Inc.
green
2 sentences2013When considering whether an employer was negligent under FELA, “courts are to analyze the elements necessary to establish a common law negligence claim.” Id. (citing Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir. 1990); Davis v. Burlington Northern, Inc., 541 F.2d 182 (8th Cir. 1976), cert. denied, 429 U.S. 1002 , 97 S. Ct. 533 , 50 L. 2013When considering whether an employer was negligent under FELA, “courts are to analyze the elements necessary to establish a common law negligence claim.” Id. (citing Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir. 1990); Davis v. Burlington Northern, Inc., 541 F.2d 182 (8th Cir. 1976), cert. denied, 429 U.S. 1002 , 97 S. Ct. 533 , 50 L. | 4 | 2009–2013 |
Jennings v. Illinois Central Railroad
green
2 sentences2013When considering whether an employer was negligent under FELA, “courts are to analyze the elements necessary to establish a common law negligence claim.” Id. (citing Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir. 1990); Davis v. Burlington Northern, Inc., 541 F.2d 182 (8th Cir. 1976), cert. denied, 429 U.S. 1002 , 97 S. Ct. 533 , 50 L. 2013When considering whether an employer was negligent under FELA, “courts are to analyze the elements necessary to establish a common law negligence claim.” Id. (citing Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir. 1990); Davis v. Burlington Northern, Inc., 541 F.2d 182 (8th Cir. 1976), cert. denied, 429 U.S. 1002 , 97 S.Ct. 533 , 50 L.Ed. 2d 613 (1976)). | 4 | 2009–2013 |
Morales v. Trans World Airlines, Inc.
green
1 sentence2021This phrase comes from a sentence in the Morales opinion: “In any event, beyond the guidelines’ express reference to fares, it is clear as an economic matter that state restrictions on fare advertising have the forbidden significant effect upon fares.” 504 U.S. at 388 . -7- impose ‘reasonable’ prices for air-carrier services,” which would have a significant effect on rates. | 1 | 2021–2021 |
Knopp v. American Airlines, Inc.
neutral
1 sentence2021PHI asserts that “[a]n award of PHI’s usual, customary and reasonable rate under any common law theory, including unjust enrichment, does not have a significant effect on PHI’s prices, and therefore, is not preempted.” Corizon argues that PHI’s claims “attempt to use state common law to directly 6 In Knopp, the Court held that a common law negligence claim was not preempted by the ADA, because it did “not impinge in any significant way on Congress’ concern” that states would impair federal deregulation of airlines. 938 S.W.2d at 362 (quoting Cont’l Airlines, Inc. v. Kiefer, 920 S.W.2d 274, 282 | 1 | 2021–2021 |
Michelle RYE Et Al. v. WOMEN’S CARE CENTER OF MEMPHIS, MPLLC Et Al.
green
1 sentence2017Buraczynski has negated an essential element of Williams’ claim and has shown that Williams’ evidence “is insufficient to establish the existence of a genuine issue of material fact for trial.” Rye, 477 S.W.3d at 265 . | 1 | 2017–2017 |
Weiner v. Lenox Hill Hospital
green
1 sentence2009Id. (citing White v. Lawrence, 975 S.W.2d 525, 529 (Tenn. 1998)). | 1 | 2009–2009 |
Rainey Bros. Construction Co. v. Memphis & Shelby County Board of Adjustment
green
1 sentence2000Const. Co., Inc. v. Memphis & Shelby County Bd. of Adjustment, 821 S.W.2d 938 (Tenn. Ct. App. 1991). -5- The facts alleged in the original Complaint, placed Orange Grove on notice that it would likely be defending a common law negligence claim. | 1 | 2000–2000 |
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.
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.