The Tennessee Rules of Civil Procedure permit a Tennessee personal injury or wrongful death plaintiff to serve discovery with a complaint. Ordinarily, responses to interrogatories, requests for production of documents, and requests for admissions are due 30 days after service. However, if they are served with the complaint the defendant…
In a Tennessee HCLA case, the statutorily required certificate of faith must be a separate document and cannot simply be contained within the complaint. In Dotson v. State, No. E2019-00325-COA-R9-CV (Tenn. Ct. App. Dec. 3, 2019), plaintiff filed a healthcare liability case against the state based on the alleged negligence…
A compensatory damages personal injury award, by settlement or judgment, is not taxable under federal law if the case arises out of personal physical injury or sickness. This is true even if the award includes monies for pain and suffering and lost wages. The support for this view is Section…
The second edition of Tennessee Law of Civil Trial is now available for purchase. The new edition updates the first edition of the text published five years ago. The 500-page book is designed to help lawyers prepare for the procedural issues that arise from jury selection through post-trial motions. It also…
The absolute privilege against a Tennessee defamation claim given to some state officials “for statements made in the course of their official duties” does not extend to district attorneys general. In Burns v. State of Tennessee, No. E2018-02174-COA-R9-CV (Tenn. Ct. App. Nov. 26, 2019), plaintiff was the lead investigator for…
Those interested in the current law of Tennessee on the issue of whether contractual waivers of liability are enforceable in Tennessee may wish to read my recent article in Tennessee Bar Journal. Contractual waivers, also referred to as exculpatory provisions, attempt to limit liability for negligence (or perhaps even reckless and…
Where a trial court did not undergo the required analysis under Tennessee Rules of Evidence 702 and 703 before deciding to exclude plaintiff’s expert witness testimony in a premises liability case, summary judgment for defendant was vacated and the case was remanded. In Linkous v. Tiki Club, Inc., No. E2019-00357-COA-R3-CV…
In a Tennessee defamation case, statements made in an email regarding a deposition in a federal lawsuit fell under the litigation privilege and dismissal was affirmed. In Kilgore v. State of Tennessee, No. E2018-01790-COA-R3-CV (Tenn. Ct. App. Nov. 13, 2019), plaintiff had been involved in a previous federal lawsuit. In…
North Carolina has come into the late 20th century by adopting a legal citation system that makes sense for the lawyers of today – and the public. The state Supreme Court adopted a new format for case citations, the reference that tells the public how to find a specific court…
Where a plaintiff filed a Tennessee health care liability (medical malpractice) action and died of unrelated causes while the suit was pending, the cause of action did not automatically pass to his wife. Instead, the suit was “eligible to be revived” and a motion for substitution of party should have…