615-254-2291

Have you had your “Paycheck Checkup”?

The most recent tax reform laws could have a significant impact on filers who have itemized their deductions in the past.  (Many people have historically itemized their deductions to take advantage of mortgage interest deductions and deductions for donations to...

Tennessee Survival Statute Still Confuses Practitioners

What do you do when a defendant dies before suit has been filed? The recent Tennessee Court of Appeals opinion in Putnam v. Leach reminds practitioners that the survival statute and the discovery rule are not the same thing. On February 2, 2015, Julia Putnam was...

Vicarious Liability Issue Decided, Concludes 12 Years of Litigation

The opinion in Beard v. Branson was published over thirteen years after the wrongful death at issue in the case.  While this is a long post, it is a fascinating glimpse into the hurdles a layperson can face in navigating the healthcare system.  Background On September...

More Guidance from COA on the Scope of Healthcare Liability Claims

Whenever any kind of injury claim arises in a medical setting, or involves a health care provider, expect a motion to dismiss claiming that the case is one governed by the Tennessee Health Care Liability Act. While the parameters of what falls under the restrictive...

Extraordinary Cause Excuses Non-Compliance

Courts are not quick to find that extraordinary cause should excuse compliance with the pre-suit notice requirements in a medical malpractice lawsuit, so lawyers take notice when the appellate courts give  guidance on when exceptions will apply. Background On June 24,...

Facebook Commentary Not Defamatory

The legal system continues to grapple with the intersection of tort law and social media.  The recent Tennessee Court of Appeals case Weidlich v. Rung examines the circumstances under which a Facebook post could constitute defamation. The parties’ dispute has roots in...

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