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Even Equity Has Limits: What a Reversal of Florida Fortunes for Former President Trump Means for Civil Litigants in Tennessee

*A recent federal appeals court’s decision to reverse the stoppage of a criminal investigation in Florida has implications for civil litigants in Tennessee.* On December 1, 2022, the U.S. Court of Appeals for the Eleventh...more

Dedmon Decided: The Destiny of “Reasonable” Medical Expenses In Tennessee Revealed

In a stunning reversal of what appeared to be the trend towards discounted medical damages in personal-injury cases, the Tennessee Supreme Court ruled on Friday, November 17, 2017, that the Collateral Source Rule reigns...more

Cherokee Agency and the Standard for Disclosure of Public Records in Tennessee

As statutes go, the Tennessee Public Records Act (TPRA) is fairly straightforward. Under it, “[a]ll state, county, and municipal records shall . . . be open for personal inspection by any citizen of this state[.]” “[T]hose in...more

Dedmon: The Destiny Of “Reasonable” Medical Expenses In Tennessee Part II

In Tennessee, personal-injury plaintiffs may recover as damages the reasonable and necessary costs of the medical treatment that they received for their proven injuries. Until recently, a plaintiff’s ability to prove a...more

The Curious Evolution of the Executive Order

On January 27, 2017, barely a week into office, President Donald J. Trump issued Executive Order 13769 for the stated purpose of “Protecting the Nation from Foreign Terrorist Entry into the United States.” Both vigorously...more

Dedmon: The Destiny of “Reasonable” Medical Expenses in Tennessee

Currently pending before the Tennessee Supreme Court is a case that could change the face of personal-injury litigation in the state. Accepted for review on October 24, 2016, Dedmon v. Steelman asks whether the amount billed...more

Pithy Briefs to Become Procedural Mandate: The FRAP 32 Limit Loses 1,000 Words

Federal Rule of Appellate Procedure 32 currently restricts principal briefs to 14,000 words apiece, but that limit will soon diminish to 13,000. For non-lawyers such a change may seem inconsequential. After all, as the...more

Federalism and LGBT Rights in North Carolina: Which Sovereign Has the Final Say?

Prior posts on this blog have discussed recent conflicts in Alabama and Mississippi that frame our country’s ongoing efforts to define the scope of federalism. Now, North Carolina has become the newest front in the fight to...more

Temporary Finality? The Fifth Circuit Says “No Dice.”

Federalism, like love, is a many-splendored thing. And although stark manifestations are easy to see coming, subtle distinctions can rear their heads in surprising places. Such was the case last month in Luvata Grenada,...more

Federalism “On Fleek” or Fifty Separate Fiefdoms? State Chief Justice Says Obergefell Is Not the Law in Alabama

A recent, public clash between the highest legal authorities of the United States and one of its constituent states, Alabama, illustrates the promise and the problems of this country’s unique system of dual sovereigns, known...more

Rye In Action: Tennessee’s New Summary-Judgment Standard is Here to Stay and Already Changing the Status Quo

Tennessee’s recent return to the federal summary-judgment standard has been the subject of two prior posts by Butler Snow lawyers (here and here). Just before Christmas, the Tennessee Court of Appeals put the new standard to...more

Free Speech for All . . . Except Judges?

Last month, in one of the most closely-watched cases of the October 2014 Term, the U.S. Supreme Court held that States may prohibit judges and candidates for judicial office from personally soliciting campaign funds. The...more

Will Rapid Arbitration Jettison Lengthy Litigation in Delaware?

A recent entrant to the Nashville legal market remarked that Tennessee’s capital city is “the health care mecca of the U.S.” The proliferation of healthcare companies, hospitals, and other businesses in the Music City has...more

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