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Articles Posted in Legislation 2009

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New Tennessee Legislation of Interest to Tort Lawyers – Post 21

Post 21 of this series re-designates the current language of existing T.C.A. Section 70-7-104 (the Recreational Use Statute) as subsection (a) and then adds a subsection (b). Thus, as of July 1, the new statute reads as follows: (a) This part does not limit the liability that otherwise exists for:…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 20

Post 20 (we are almost finished with this series folks, I promise) concerns judicial selection and evaluation.   So much has been written about this subject the last four years.  The bill is 16 pages in lengh and cannot be summarized here.  If you are truly interest in reading this legislation,…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 19

Post 19 addresses the liability of "agritourism professionals."  What, in heaven’s name, is a agritourism professional?  A person involved in agritourism, of course.  And what is that? Agritourism is  any activity carried out on a farm or ranch, eligible for greenbelt classification under Title 67, Chapter 5, Part 10, that allows members…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 18

Post 18 of this series brings to your attention a change in the law concerning the licensing of lawyers and  pro hac vice admission of lawyers to practice in Tennessee.   The language of T.C.A. Sec. 23-1-108 has been deleted and replaced with the following language: No person shall practice…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 17

Post 17 of this series also addresses the subject of court reporting.  This bill establishes: (1) licensure requirements for court reporters; (2) the Tennessee Board of Court Reporting; and (3) the Tennessee board of Court Reporting Fund.   This bill prohibits any person from practicing court reporting  or holding the person out as a…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 16

Post 16 of this series addresses a change in the law applicable to taking of depositions.  The bill summary set forth below describes the original bill as amended.  The new law prohibit[s] the taking of a deposition before a person who is: (1) A party to the action or an…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 15

Post 15 addresses the changes to Tennessee law concerning the proper way to give notice to potential defendants in medical malpractice cases and the changes in the law concerning the certificate of good faith.  I have addressed this legislation in several other posts  (here is a post with a complete…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 14

Well, are all of these posts on new legislation of interest to Tennessee tort lawyers driving you crazy?  Some lawyers forget that the Tennessee General Assembly has passed hundreds of laws that impact tort practice.  The rest of us know that tort law has it roots in common law, but is also greatly impacted…

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New Tennessee Legislation of Interest to Tort Lawyers – Post 13

Post 13 in our series of new legislation of interest to tort lawyers concerns the administration of in nursing homes. Public Chapter 403 eliminates the need for nurses to provide medication to patients.  Now, an aide who receives certain training  is permitted to administer the following medications: (1) Oral medications; (2)…

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