Latest Publications

Share:

When Appealing Denial of Motion to Compel Arbitration, Supreme Court Removes Possibility That Parties May Have to Engage in...

Parties generally have no right to appeal a trial court's decision on pretrial motions until the court issues a final judgment — yet Congress granted that right for decisions that deny a motion to compel arbitration under the...more

Tennessee Supreme Court Decides that Personal Injury Claims and Derivative Loss of Consortium Claims are Aggregated for the...

In 2011, the Tennessee legislature enacted limitations on non-economic compensatory damages and punitive damages which are recoverable in Tennessee. T.C.A. 29-39-102 was part of the Tennessee Civil Justice Act of 2011. It...more

Tennessee Supreme Court Accepts Certification of Non-Economic Damages Cap Question

On June 19, 2019, the Supreme Court of Tennessee accepted certification of three questions of law relating to Tennessee's statutory non-economic damages cap. The certification follows on the heels of a decision from a divided...more

Sixth Circuit Denies Petition to Rehear En Banc in Lindenberg

In January 2019, we issued a client alert regarding Lindenberg v. Jackson National Life Insurance Co. et al. In that case, the U.S. Court of Appeals for the Sixth Circuit rendered a 2-1 split decision on the issues of whether...more

U.S. Court of Appeals Declares Tennessee Punitive Damages Cap Unconstitutional | Part 2: Breaking Down the Issues

In Part 1 of our alert on a recent case decided by the U.S. Court of Appeals for the Sixth Circuit, we examined the facts of Lindenberg v. Jackson Nat'l Life Ins. Co. and noted the importance of the divided panel's holding...more

U.S. Court of Appeals Declares Tennessee Punitive Damages Cap Unconstitutional | Part 1: The Lindenberg Decision

In mid-December 2018, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's statutory cap on punitive damages violates the right to trial by jury under the Tennessee Constitution. The case...more

Tennessee Supreme Court Modifies Summary Judgment Standard

On October 26, 2015, the Tennessee Supreme Court returned to a summary judgment standard consistent with the Federal Rules of Civil Procedure in a Memphis health care liability case. In Rye v. Women's Care Center of Memphis,...more

Tennessee Supreme Court Vacates Trial Court Ruling Holding Tennessee's Statutory Damages Caps Unconstitutional

In a previous "Litigation Alert for Businesses with Tennessee Operations," we reported that Judge Neil Thomas, Circuit Judge in Chattanooga, Tennessee, held that Tennessee's statutory cap on non-economic damages was...more

Litigation Alert For Businesses With Tennessee Operations

On March 9, 2015, a Tennessee trial court struck down Tennessee's statutory limitation on the amount of non-economic damages recoverable in personal injury cases. The court held that the legislature's attempt to limit...more

4/24/2015
9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide