TBA Law Blog


Posted by: Stacey Shrader Joslin on Feb 28, 2020

The Tennessee Supreme Court today upheld the constitutionality of a healthcare liability statute after removing portions it considered unconstitutional. The language in question provided that a trial court must issue a qualified protective order when requested. The court found that provision violated the separation of powers clause in the Tennessee Constitution because it removed the inherent discretion of the trial courts to decide discovery matters. The court then concluded that the statute could be elided, making the provision no longer mandatory but permissive. Justice Holly Kirby authored a dissenting opinion arguing that the entire statute violates the separation of powers clause and therefore should be found unconstitutional.