The last few years have seen a rapid increase in the availability of so-called “3D” or “4D” ultrasounds. These procedures provide keepsake imaging for expectant parents and are generally performed outside of traditional doctor’s offices–they can even be done in malls! The rising popularity of these fetal scans seems to continue, despite guidance from the...read more
Pending legislation can often be a harbinger of change, even if it doesn’t pass the first time around. This legislative session has seen several bills that, while unsuccessful this time, might still be of interest to legislators and lawyers next session… Third time wasn’t the charm for an idea first proposed in 2015 and revisited again in 2016 and 2017 that seeks to move...read more
The General Assembly is back in session and that means that more than a few items of interest will be considered in the next few months. Here are some matters under consideration that will impact the legal system and the ability of Tennesseans to have access to justice. Patients’ Compensation System Legislation proposed in 2015 and revisited in 2016 that seeks to move medical malpractice claims...read more
Big changes are coming to Tennessee’s appellate courts in 2017. While news of the move to electronic filing is not new, the recently filed proposed amendments to the Tennessee Rules of Appellate Procedure have some significant changes to make way for the change….The biggest change is that the notice of appeal will be filed with the Appellate Court Clerk’s office and not the trial court...read more
Here are a few items of interest to the tort law practitioner stemming from the Tennessee General Assembly’s last session… There are two new laws that relate to healthcare liability actions. One such law (HB0713/SB0889, sponsored by Rep. Wilburn, R-Somerville, and Sen. Kelsey, R-Germantown) limits certain information about a healthcare provider that can be “used” in a healthcare...read more
Following the adoption by Tennessee voters in 2014 of a constitutional amendment giving the legislature confirmation power over the governor’s judicial appointees, the General Assembly has been tasked with determining how the legislature will exercise this authority. This issue was not resolved during the 2015 legislative session, which meant that the judges appointed in the interim were...read more
Jefferson, Madison, and Hamilton could never agree on what "Necessary and Proper" meant in the Constitution.
200 years ago today, John Marshall wrote that Congress's acts must "consist with the letters and the spirit of the Constitution."
Happy Birthday, McCulloch v. Maryland https://t.co/Ofa6mb9y4s