There are two fundamental takeaways from Tennessee’s recently enacted tort reform legislation from an e-discovery perspective. To ensure that the non-economic and punitive damage limits apply, organizations especially health care providers must (1) development document management policies and comply with them; and (2) issue litigation holds and take reasonable, legally defensible steps to ensure the preservation of evidence.
The failure of organizations to address these risks could result in the double whammy of monetary sanctions, adverse instructions and other penalties couple with the loss of non- economic and punitive damages protections intended by the Act. Thus, the need for proactive information management policies to prepare organizations for litigation and its e-discovery aspects and experience e-discovery counsel has never been greater in Tennessee.
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