The United States Court of Appeals for the Sixth Circuit released a decision several months ago that presents a real danger for plaintiff’s lawyers and their clients who seek to rely on T.C.A. Section 20-1-119 to avoid a statute of limitations defense.
The Tennessee Bar Journal published my article on the case. The article lays out the problems with the opinion and the case law you can use to try to convince a federal judge that the decision is plain error.
If caught in a trap, I would recommend bringing the case law I cite in the article to attention of the federal judge and asking the court to certify the question to the Tennessee Supreme Court.
Read the article on page 34 of the January 2008 edition of the Tennessee Bar Journal. It is available here.