reglab/housing_qa huggingface dataset:
TN Code § 29-20-309 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 3 - Claims Procedure|§ 29-20-309. Settlement of Actions

  An officer or body appointed by the governing body of any governmental entity may, subject to such regulations and procedures as may be prescribed by the governing body, compromise and settle any action for damages or relief sought hereunder.   If no such appointment has been made, the chief administrative officer of such governmental entity shall be deemed to have been appointed and to have such power.
TN Code § 29-20-311 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 3 - Claims Procedure|§ 29-20-311. Judgment Over Limits of Insurance Policy Prohibited

 No judgment or award rendered against a governmental entity may exceed the minimum amounts of insurance coverage for death, bodily injury and property damage liability specified in § 29-20-403, unless such governmental entity has secured insurance coverage in excess of such minimum requirements, in which event the judgment or award may not exceed the applicable limits provided in the insurance policy.
TN Code § 29-20-312 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 3 - Claims Procedure|§ 29-20-312. Payment of Claims

  Any claim approved for payment by a governmental entity or any final judgment obtained against a governmental entity shall be paid from funds appropriated or reserved for that purpose or in the discretion of the governmental entity may be paid in not more than ten (10) equal annual instalments commencing the next fiscal year or in such other manner as is agreed upon by the claimant and governmental entity.   Installment payments shall bear interest at six percent (6%) per annum on the unpaid balance.   This section shall be discretionary with the court of original jurisdiction and such court is hereby authorized in its discretion to order a lump sum payment of any final judgment.   All judgments below five thousand dollars ($5,000) must be paid in one (1) installment and must be paid as other tort judgments.
TN Code § 29-20-313 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 3 - Claims Procedure|§ 29-20-313. Claim of Immunity by Employee — Multiple Defendants

  When one (1) or more defendants to a lawsuit claim to be employees of a governmental entity as defined by § 29-20-107 and are therefore entitled to the governmental immunity granted by this chapter, it shall be a question of fact whether the defendant or defendants claiming immunity are such employees. If the trier of fact determines that the defendant claiming immunity is not a governmental entity employee, the lawsuit as to that defendant shall proceed like any other civil case. If the trier of fact determines that the defendant claiming immunity is a governmental entity employee, the lawsuit as to that defendant shall proceed in accordance with this chapter.   When suit is brought in circuit court in a case in which there are multiple defendants, one (1) or more of which are a governmental entity or entities or governmental entity employee or employees whose liability or lack thereof is to be determined based upon this chapter and one (1) or more of which are not such governmental entity or entities or governmental entity employee or employees, the case shall be heard and decided by a jury upon the demand of any party. Nothing in this section shall be construed to abridge the right of any party to a trial by jury otherwise granted by the state or federal constitution or any statute.
TN Code § 29-20-402 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 4 - Funding and Insurance|§ 29-20-402. Authority to Levy Tax

 Notwithstanding law or charter to the contrary, all governmental entities having the power to tax shall have authority to levy an annual property tax in the amount necessary to pay all claims, settlements, or judgments secured pursuant to the provisions hereof, or to pay the costs to defend against same, or for the purpose of establishing and maintaining a reserve or special fund as the same may be established pursuant to § 29-20-401 for the payment of such claims, settlements, or judgment as may be reasonably anticipated, or to pay the premium for such insurance as herein authorized, including insurance provided for in § 29-20-406, even though as a result of such levy the maximum levy as otherwise restricted by law is exceeded thereby; provided, that in no event shall the revenues derived therefrom be used for any other purpose than those stipulated herein.
TN Code § 29-20-404 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 4 - Funding and Insurance|§ 29-20-404. Waiver of Immunity or Liability Limits — Liabilities Arising Under Federal Law

  A governmental entity or the insurer of such governmental entity shall not be held liable for any claim arising under state law for which the governmental entity has immunity under this chapter unless the governmental entity has expressly waived such immunity. A governmental entity or the insurer of such governmental entity shall not be held liable for any judgment in excess of the limits of liability set forth in § 29-20-403, unless the governmental entity has expressly waived such limits. The waiver of such immunity or such limits of liability by a governmental entity shall only be valid if such waiver is expressly contained in the provisions or endorsement of a policy or contract of insurance authorized by this chapter to cover its liability under this chapter.   This chapter shall not be construed to prohibit or limit a governmental entity from purchasing a policy or contract of insurance in such amounts of coverage as it deems proper for liabilities which may arise under federal law. If a governmental entity has such policy or contract of insurance for liabilities which may arise under federal law, such policy or contract of insurance shall not be construed or deemed a waiver of any immunity provided in this chapter or of the limits of liability set forth in § 29-20-403, for any claims arising under state law.
TN Code § 29-20-405 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 4 - Funding and Insurance|§ 29-20-405. Construction of Liability Insurance Policy Not in Compliance With Law

 Any insurance policy, rider or endorsement purchased to insure against any risk which may arise as a result of the application of this chapter, and which contains any condition or provisions not in compliance with the terms of this chapter, shall not be rendered invalid, but shall be construed and applied in accordance with the intention of this chapter.
TN Code § 29-20-406 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 4 - Funding and Insurance|§ 29-20-406. Liability Insurance for Employees and Sheriffs Authorized

  A governmental entity may insure any or all of its employees against all or any part of their liability for injury or damage resulting from a negligent act or omission, and any expenditure for such insurance is herewith declared to be for a public purpose, and may be paid from funds derived from the tax levy authorized in § 29-20-402.   Any sheriff or group of sheriffs is authorized to purchase insurance or enter into agreements to insure such sheriff and any or all of the sheriff's employees against all or any part of their personal liability for injury or damages arising as a result of the act or omission of any such sheriff or employee. This authority to purchase insurance or enter into agreements to insure includes specifically the authority to establish a separate legal or administrative entity to effectuate any such agreements or, if a separate legal or administrative entity is not established, to designate an entity to effectuate the purposes of this subsection (b). Any such purchase or any such agreement which would involve the expenditure of county funds must first be approved by the county legislative body.
TN Code § 29-20-407 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 4 - Funding and Insurance|§ 29-20-407. Authorization for Purchase of Insurance Without Bidding

 Any governmental entity may purchase any of the insurance authorized by this chapter, without the necessity of public bidding, as required by any public or private act or charter restriction, if such insurance is purchased through a plan authorized and approved by any organization of governmental entities representing cities and counties.
TN Code § 29-23-101 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 23 - Injunctions|Part 1 - Injunction to Stay Proceedings on Money Judgment|§ 29-23-101. Decree on Dissolution of Injunction to Stay Proceedings on Money Judgment

 Upon the dissolution of an injunction to stay proceedings on a judgment for money, in whole or in part, the decree, interlocutory or final, shall be entered against the complainant and the complainant's sureties for such amount as the court may order, and the clerk and master shall issue executions thereon.   Code 1858, § 4447 (deriv. Acts 1817, ch. 119, § 1); Shan., § 6264; Code 1932, § 10550; T.C.A. (orig. ed.), § 23-1909.
TN Code § 29-23-102 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 23 - Injunctions|Part 1 - Injunction to Stay Proceedings on Money Judgment|§ 29-23-102. [reserved.]

 Where an injunction to stay proceedings on a judgment is dissolved on a final hearing, the court may decree six percent (6%) on the amount of the judgment enjoined as damages, if of the opinion that the injunction was obtained for delay.   Code 1932, § 10554; T.C.A. (orig. ed.), § 23-1912.   Collateral References. 42 Am. Jur. 2d Injunctions §§ 366-371, 378, 379.   43A C.J.S. Injunctions §§ 275, 276.   Judgment 403-469.
TN Code § 29-23-104 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 23 - Injunctions|Part 1 - Injunction to Stay Proceedings on Money Judgment|§ 29-23-104. Assessment of Penalty for Injurious Injunction

  In cases where the court is of the opinion that the party enjoined has suffered a substantial injury, but that damages are speculative or incapable of ascertainment under legal rules, it may, on dissolution, in its sound discretion, assess and decree against the party suing out the writ a penalty in favor of the party enjoined.   If this discretion is exercised by the chancellor it shall be reviewable on appeal.    Code 1932, § 10555; T.C.A. (orig. ed.), § 23-1913.
TN Code § 29-23-105 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 23 - Injunctions|Part 1 - Injunction to Stay Proceedings on Money Judgment|§ 29-23-105. Delivery of Attached Property — Payment of Penalty

 The court has power, upon final decree, to order the property which may have been attached to be delivered to the party entitled, and, in case of failure, that the persons liable upon original, replevy, or delivery bonds, shall pay all or such portion of the penalty as the court may order. Or, where the property is not forthcoming in conformity to the final decree, the court may enter judgment on motion, and execution may issue thereon for the whole, or any portion, of the penalty, as the court may direct, against all or any of the parties thereto.   Code 1858, §§ 4449, 4450; Shan., § 6266; Code 1932, § 10556; T.C.A. (orig. ed.), § 23-1914.
TN Code § 29-23-201 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 23 - Injunctions|Part 2 - Injunction Against Sale Under Trust Deed or Mortgage|§ 29-23-201. Injunction Against Sale Under Trust Deed or Mortgage — Notice Required

  No judge or chancellor shall grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of money, unless the complainant gives five (5) days' notice to the trustee or mortgagee of the time when, place where, and of the judge or chancellor before whom, the application for injunction is to be made.   No judge or chancellor shall act upon the application unless the same is accompanied by proof, evidenced by return of a sheriff, constable, or attorney, that notice has been served on the trustee or mortgagee, or that the trustee or mortgagee is not to be found in the county of usual residence, or is a nonresident.
TN Code § 29-23-202 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 23 - Injunctions|Part 2 - Injunction Against Sale Under Trust Deed or Mortgage|§ 29-23-202. Contents of Application for Injunction

 The party applying for relief in such case shall distinctly state how, when, and to whom the debt or any part of the debt secured aforementioned has been paid, or any circumstances of fraud which vitiate the contract.
TN Code § 29-23-203 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 23 - Injunctions|Part 2 - Injunction Against Sale Under Trust Deed or Mortgage|§ 29-23-203. Answer — Delay in Hearing on Injunction

 After the reading of the bill in the hearing of the trustee or mortgagee, if the trustee or mortgagee chooses to appear before the judge or chancellor, the trustee or mortgagee may have the right to a delay of proceedings not more than ten (10) days, during which time the trustee or mortgagee may file an answer before the same judge or chancellor.
TN Code § 29-23-204 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 23 - Injunctions|Part 2 - Injunction Against Sale Under Trust Deed or Mortgage|§ 29-23-204. Decree

 The judge or chancellor may then, upon such bill and answer, hear such cause, at chambers, as upon motion to dissolve the injunction, the judge's or chancellor's decision to be in a written decree, which decree, together with the bill, answer, and exhibits, shall be enclosed in a sealed envelope, to the clerk of the court in which the bill is filed, such decree to constitute a part of the record in the cause, in conformity to the terms of which, the clerk may take bonds from either party, or execute any other order as adjudged in such decree.
TN Code § 29-26-102 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 26 - Health Care Liability|Part 1 - General Provisions|§ 29-26-102. Permissible Defendants in Health Care Liability Action — Determining Statute of Limitations

  Except as provided in this section, a health care liability action against a licensee may be brought only against the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor. A passive investor shall not be liable under this part. A health care liability action against any other individual or entity may be brought only pursuant to subsection (b).   A cause of action may not be asserted against an individual or entity other than the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor, unless, after a hearing on a motion for leave to amend, the court or arbitrator determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that:  The individual or entity owed a duty of reasonable care to the claimant and that the individual or entity breached that duty; and   The breach of that duty is a legal cause of loss, injury, death, or damage to the claimant.     When determining the statute of limitations in a health care liability action, the date of the original pleading shall control regardless of whether there are amended pleadings or substituted or added parties.
TN Code § 29-26-103 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 26 - Health Care Liability|Part 1 - General Provisions|§ 29-26-103. Use of Results of Survey, Inspection or Investigation of Health Care Provider Conducted by State or Federal Department or Agency

  Except as otherwise provided in this section, the results of a survey, an inspection, or an investigation of a health care provider that is conducted by any state or federal department or agency, including any statement of deficiencies and all findings and deficiencies cited in the statement of deficiencies on the basis of the survey, inspection, or investigation, all proposed or implemented plans of correction submitted by the health care provider, and statements of or records of interviews with employees or independent contractors of the health care provider, shall not be:  Admissible in evidence in any health care liability action in any court or arbitration proceeding on the basis that it satisfies an exception to the Tennessee rules of evidence governing hearsay; or   Used in an advertisement, unless the advertisement includes all of the following:  The date the survey, inspection, or investigation was conducted;   If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date the finding or deficiency was corrected; and   A statement that the advertisement is neither authorized nor endorsed by the department of health, department of mental health and substance abuse services, or any other government agency.       Nothing in this section prohibits the results of a survey, an inspection, or investigation being used in an administrative proceeding, a state civil or criminal proceeding, or a federal civil or criminal proceeding initiated by a state or federal department or agency, or an appeal of any such proceeding.   Nothing in this section prohibits the results of a survey, an inspection, or investigation being used to impeach a witness in a health care liability action.
TN Code § 29-26-116 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 26 - Health Care Liability|Part 1 - General Provisions|§ 29-26-116. Statute of Limitations — Counterclaim for Damages

   The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104.   In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery.   In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists.   The time limitation herein set forth shall not apply in cases where a foreign object has been negligently left in a patient's body, in which case the action shall be commenced within one (1) year after the alleged injury or wrongful act is discovered or should have been discovered.     In any action for damages for personal injury or death, whether based on tort or contract law, or otherwise, a counterclaim for damages for malicious prosecution (on the ground that the principal action was instituted with improper intent and without probable cause) or malicious abuse of process (on the ground that there was an improper use with improper intent of the process) in filing such action may be filed and litigated in the same action; provided, that the counterclaim shall be based upon substantial allegations.
TN Code § 29-26-117 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 26 - Health Care Liability|Part 1 - General Provisions|§ 29-26-117. Plaintiff's Demand for Specific Sum Inadmissible During Trial

 In a health care liability action the pleading filed by the plaintiff may state a demand for a specific sum, but such demand shall not be disclosed to the jury during a trial of the case notwithstanding § 20-9-302 to the contrary.
TN Code § 29-26-118 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 26 - Health Care Liability|Part 1 - General Provisions|§ 29-26-118. Proving Inadequacy of Consent

 In a health care liability action, the plaintiff shall prove by evidence as required by § 29-26-115(b) that the defendant did not supply appropriate information to the patient in obtaining informed consent (to the procedure out of which plaintiff's claim allegedly arose) in accordance with the recognized standard of acceptable professional practice in the profession and in the specialty, if any, that the defendant practices in the community in which the defendant practices and in similar communities.
TN Code § 29-26-119 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 26 - Health Care Liability|Part 1 - General Provisions|§ 29-26-119. Damages

 In a health care liability action in which liability is admitted or established, the damages awarded may include (in addition to other elements of damages authorized by law) actual economic losses suffered by the claimant by reason of the personal injury, including, but not limited to, cost of reasonable and necessary medical care, rehabilitation services, and custodial care, loss of services and loss of earned income, but only to the extent that such costs are not paid or payable and such losses are not replaced, or indemnified in whole or in part, by insurance provided by an employer either governmental or private, by social security benefits, service benefit programs, unemployment benefits, or any other source except the assets of the claimant or of the members of the claimant's immediate family and insurance purchased in whole or in part, privately and individually.
TN Code § 29-26-120 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 26 - Health Care Liability|Part 1 - General Provisions|§ 29-26-120. Attorneys' Fees

 Compensation for reasonable attorneys' fees in the event an employment contract exists between the claimant and claimant's attorney on a contingent fee arrangement shall be awarded to the claimant's attorney in a health care liability action in an amount to be determined by the court on the basis of time and effort devoted to the litigation by the claimant's attorney, complexity of the claim and other pertinent matters in connection therewith, not to exceed thirty-three and one third percent (331/3%) of all damages awarded to the claimant.
TN Code § 29-26-201 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 26 - Health Care Liability|Part 2 - Therapist Sexual Misconduct Victims Compensation|§ 29-26-201. Short Title

 The title of this part is, and may be cited as, the “Therapist Sexual Misconduct Victims Compensation Act.”
TN Code § 29-26-202 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 26 - Health Care Liability|Part 2 - Therapist Sexual Misconduct Victims Compensation|§ 29-26-202. Intent

 It is the intention of the general assembly to provide victims of sexual misconduct by a therapist with a legal remedy, including significant compensatory damages and a more reasonable statute of limitations. It is intended to prevent sexual misconduct by a therapist by imposing significant liability upon any therapist who engages in this type of misconduct. This is necessary due to the inadequacy of the current system of health care liability where the statute of limitations fails to address the specific problems associated with sexual misconduct by a therapist. This part also clarifies the legal landscape and attempts to prevent most instances of sexual misconduct by making employers liable if they refuse to take simple and reasonable steps to avoid endangering their patients.