New Tennessee Legislation of Interest to Tort Lawyers – Post 10

Post 10 addresses changes to the Personal Rights Protection Act of 1984, codified at TCA Title 47, Chapter 25, Part 11.

Here is a summary of the new law:

Under present law, the Personal Rights Protection Act specifies that an individual is entitled to recover the actual damages suffered as a result of the knowing use or infringement of such individual’s rights and any profits that are attributable to such use or infringement which are not taken into account in computing the actual damages. Profit or lack thereof by the unauthorized use or infringement of an individual’s rights is not a criteria of determining liability.

This amendment adds that an individual is entitled to recover three times the amount to which the individual is entitled under present law (as described above), plus reasonable attorney fees, if a person knowingly uses or infringes the rights of a member of the armed forces in violation of the Act.

Click on the link to read Public Acts, 2009 Public Chapter 359.

Read about other new legislation ( 9 posts so far, with more to come) go to the  Legislation 2009 category.