Tennessee Archives | Tyson & Mendes

Tennessee Supreme Court Finds Violation of Pre-Suit Notice Requirements under Health Care Liability Act is Without Penalty or Remedy

Guest Editor: Ashley Kaye

March 1, 2021 12:50pm

The Tennessee Supreme Court recently ruled Tennessee’s Health Care Liability Act (HCLA) requires defendants to provide plaintiffs with written notice of when plaintiff sues the wrong defendant. However, the Court further determined the HCLA does not otherwise provide a penalty or remedy where defendant fails to comply with its notice requirements under the law.

The Constitutionality of Caps – The High Court in Tennessee Upholds Statutory Limits on Noneconomic Damages

Author: Harry Harrison

Guest Editor: Ashley Kaye

February 1, 2021 8:30pm

In February 2020, the Tennessee Supreme Court upheld the state’s cap on noneconomic damages found in section 29-39-103 of the Tennessee Code Annotated.

Supreme Court Rules Expert Certification Not Required in Sex Assault Case Regarding Massage Therapist

Author: Po Waghalter

Guest Editor: Amy Chambers

November 2, 2020 3:00pm

In the recent Supreme Court case Lataisha M. Jackson v. Charles Anthony Burrell, et al. (“Jackson”), the Court reinforced the Common Knowledge Exception to mandatory Expert Certification pursuant to Tenn. Code § 29-26-122(a). (W2018-00057-SC-R11-CV; filed June 12, 2020.) This significant development ends a six-year legal battle, effectively removing a plaintiff’s additional burden to provide expert support when filing a complaint involving sexual assault against health care providers where there are allegations of prior misconduct.

The Summer of 2020 Brought Changes to Tennessee Workers’ Compensation Laws

Author: Kiley McCarthy Connolly

Guest Editor: Amy Chambers

November 2, 2020 3:00pm

Traditionally, under Tennessee workers’ compensation law, there is an exemption for out-of-state employers from being legally required to obtain workers’ compensation coverage in Tennessee for the employees who are “temporarily in Tennessee, not to exceed 14 consecutive days or 25 days total per year; provided, that the employer has coverage in the employer’s home state and such coverage applies to the employer’s employees while temporarily located in Tennessee.”

Legal Bar Raised for COVID-19 Lawsuits in Tennessee

Author: Dara R. Fairchild

Guest Editors: Jeremy Freedman, Ashley Kaye

October 5, 2020 1:16pm

In a special August session of the Tennessee General Assembly, the legislature enacted bill SB8002, also known as the Tennessee COVID-19 Recovery Act (“The Act”), which among other things limits the liability for any person relating to loss, damage, injury, or death from COVID-19.