Where a nursing home patient’s daughter executed the admission paperwork and arbitration agreement, but the power of attorney the patient had previously executed in favor of her daughter specifically excluded the power to make health care decisions, the arbitration agreement was not enforceable. In Jones v. Allenbrooke Nursing and Rehabilitation…
An order awarding sanctions to defendants after plaintiffs sent a letter to healthcare providers allegedly interfering with ex parte interviews between defense counsel and the deceased’s patients former healthcare providers was not appealable as a final order. In Ibsen v. Summit View of Farragut, LLC, No. E2018-01249-COA-R3-CV (Tenn. Ct. App.…
I have been compiling the Tennessee tort reform statutes, and the court decisions interpreting them, for a decade. I recently released another edition of my book, Compendium on Tort Reform Statutes and Related Case Law, 2008-2019. The book contain 549 pages of information helpful to tort lawyers. The best use…
The Tennessee Court of Appeals recently held that “the statute of limitations for false imprisonment claims does not begin to run until the imprisonment ends.” In Lovell v. Warren County, Tennessee, No. M2019-00582-COA-R3-CV (Tenn. Ct. App. Dec. 16, 2019), plaintiff had been arrested and put in jail on August 16,…
Does a plaintiff have the right to amend a complaint while a motion to dismiss is pending and no answer has been filed? Yes. Rule 15.01 of the Tennessee Rules of Civil Procedure provides a party may amend its pleading “once as a matter of course at any time before…
Those of you who are interested in the interaction between the law of comparative fault and the law of subrogation (or at least my view on how the two should interact) may wish to read “Made-Whole Made Fair: A Proposal to Modify Subrogation in Tennessee Tort Actions” published in the Belmont…
Where plaintiff only named one provider as a defendant in an HCLA case, but sent pre-suit notice to forty healthcare providers, a HIPAA-compliant medical authorization was required to be sent with her pre-suit notice. Further, a HIPAA form that left blank the section stating who could disclose records to defendant…
The Tennessee Supreme Court has adopted proposed amendments to several rules of civil procedure. Rules 5 and 5B have been amended to account for changes in the court system given the expansion of e-filing across the state. Rule 33 has been amended in the hope of eliminating gamesmanship in answering…
How do you authenticate a Facebook account? A Georgia court affirmed a prosecutor’s successful efforts to have excerpts of a criminal defendant’s Facebook account admitted into the evidence. The defendant (Nichols) claimed that the trial court abused its discretion by admitting Facebook records that included several private messages that the…
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…