TBA Law Blog

TBA Law Blog

Legislation on COVID Liability Protections Advances in House and Senate

Posted by: Kate Prince on Jun 11, 2020

A bill that would protect businesses, schools and other institutions from COVID-19-related litigation is quickly advancing through the House and Senate, the Nashville Post reports. The legislation was drafted with help from the Tennessee Chamber of Commerce and Industry and other business groups and, according to its House sponsor Rep. Michael Curcio, R-Dickson, is intended to “eliminate as many frivolous suits as possible.” Judiciary committees in both chambers advanced the proposal, but the Senate version would have the protections reach back to March and the House version would only protect the organizations once the law is enacted. Attorney and vice president of the Tennessee Trial Lawyers Association Mark Chalos argued a retroactive law would violate the state constitution, which says that “no retrospective law … shall be made.” Chalos argued the Senate’s version of the bill would take away litigation rights from people who currently have them for harm already done. The two bills are likely headed for full votes in the House and Senate and could require a conference committee to hash out the difference.  

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