E-Discovery Failures Can Eliminate Tennessee Civil Justice Act Damage Limitations


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.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Procedure Updates, Electronic Discovery Updates, Health Updates, Personal Injury Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Hubbard & Jenkins | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »