TBA Law Blog


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Posted by: Katharine Heriges on Jun 6, 2018

The Tennessee Supreme Court has unanimously held that after the expiration of the one-year statute of limitations, a plaintiff cannot amend her health care liability suit to substitute a health care provider to which the plaintiff had not given pre-suit notice as required by state law. The Tennessee Health Care Liability Act requires a plaintiff with a potential health care liability claim to give pre-suit written notice at least 60 days before filing a lawsuit to each health care provider that will be named as a defendant. When a plaintiff complies with the pre-suit notice requirement, the one-year statute of limitations for the filing of claims is extended by 120 days. A court can dismiss a lawsuit if the plaintiff fails to give pre-suit notice to a health care provider before filing suit. Pre-suit notice to a defendant encourages the investigation, negotiation, and possible settlement of a health care liability case before the plaintiff files suit.

Posted by: Katharine Heriges on May 31, 2018
The Tennessee Supreme Court heard a challenge to the state’s DUI fee system today, the Times Free Press reports. When convicted, defendants were made to pay $250 to the Tennessee Bureau of Investigation to cover the cost of a blood alcohol or drug concentration test fees. Rosemary Decosimo was convicted of driving under the influence in March 2017, and is challenging those fees, which her attorney argues encourages positive results in blood alcohol tests.
Posted by: Katharine Heriges on May 30, 2018
The Knoxville Bar Association filed a motion requesting additional information regarding the proposed Tennessee Law Course under Tennessee Supreme Court Rule 6 and seeking an extension of time in which to comment. The motion asserts that the Tennessee Law Course “should be a pre-admission requirement instead of post-admission requirement as contemplated in the proposed changes.” The motion also requests information regarding the content, length, and format of the course, the location, cost, and preparation of the course, and the safeguards for ensuring timely compliance with the course. On April 19, the court solicited comments regarding the proposed change, which “would require new attorneys to complete a Tennessee Law Course within one year of admission to the Tennessee bar.” The comment period, which currently expires on June 18, has been extended to July 18.
Posted by: Katharine Heriges on May 4, 2018
The Tennessee Supreme Court has suspended a Rutherford County attorney, James Carl Cope, for an additional 25 months. Cope was temporarily suspended in October 2016, and he requested that his final suspension be retroactive to the date of his initial suspension. The Court rejected his request and also rejected the Board of Professional Responsibility’s request to disbar him. Cope pleaded guilty to insider trading in 2016, and the Tennessee Supreme Court immediately suspended him and referred the matter to the Board of Professional Responsibility to determine his final discipline. A hearing panel of lawyers determined he be suspended retroactive to his summary suspension in 2016, but the Supreme Court disagreed, and ordered the suspension to begin upon the filing of their opinion.
Posted by: Katharine Heriges on Apr 30, 2018
The court is considering an amendment to Tennessee Supreme Court Rule 10, Canon 2, Rule of Judicial Conduct 2.9, Comment 4, to support the assistance provided to individuals through therapeutic and problem-solving courts. The court now seeks written comments from the bench, the bar and the public. The deadline for submitting written comments is May 30. Written comments may be emailed to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Re: Tenn. Sup. Ct. R. 9, section 32 Tennessee Appellate Courts, 100, Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.
Posted by: Katharine Heriges on Apr 12, 2018

In State vs. Minor, the Tennessee Supreme Court clarified when a new legal ruling issued after a criminal trial should be applied to a case retroactively and what standards an appellate court should apply to decide whether the new rule affords a defendant relief. The court concluded the law had changed between the time of Minor’s trial and appeal, so the law at the time of his appeal controlled. The majority opinion was written by Justice Cornelia A. Clark, with a separate concurring opinion written by Justice Sharon G. Lee.

Posted by: Katharine Heriges on Apr 10, 2018

The Tennessee Supreme Court ruled today that Davidson County must hold a special election for Nashville mayor in May, instead of the original date of Aug. 2, The Tennessean reports. The unanimous ruling overturns decisions from both the Davidson County Election Commission and a lower court. Fourteen candidates qualified to run to replace former Mayor Megan Barry, who resigned last month, but the Supreme Court’s ruling means that a new qualifying deadline will be set for Thursday, allowing more candidates to potentially enter the race. The election date has not been set yet, but will likely take place sometime between May 21 to May 25.

Posted by: Katharine Heriges on Mar 23, 2018
The Tennessee Supreme Court has agreed to hear a controversial case that is throwing drunk-driving prosecutions into disarray, the Times Free Press reports. Last month, the Criminal Court of Appeals said the Tennessee Bureau of Investigation was overseeing an “unconstitutional” fee system that made defendants pay a $250 blood test fee if they were convicted. Arguments will take place May 31 in Nashville.
Posted by: Katharine Heriges on Mar 23, 2018
The Tennessee Supreme Court’s Justice Cornelia Clark served as keynote speaker in this year’s wreath-laying ceremony at The Hermitage to celebrate the birthday of Andrew Jackson. Justice Clark gave a short speech highlighting little-known facts about Andrew Jackson’s early days as an attorney, prosecutor, and member of the Tennessee Supreme Court, noting that “Though his later career is what most people remember about him, Jackson’s early years as a Tennessee lawyer and member of the Tennessee Supreme Court are critical to understanding both his own national advancement and the development of our state’s early judiciary.”
Posted by: Katharine Heriges on Mar 14, 2018
The Tennessee Supreme Court is soliciting comments on proposed changes to Tennessee Supreme Court Rule 31 and Appendix A of Rule 31. The request comes in response to a petition filed by the Alternative Dispute Resolution Commission on March 9. Written comments from judges, lawyers, bar associations, members of the public, and any other interested parties must be submitted by June 12. Written comments may be e-mailed to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North Nashville, 37219.


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