News & Analysis as of

TN Supreme Court

White and Williams LLP

Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services

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In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims...more

Carlton Fields

Tennessee Supreme Court Permits Consideration of Extrinsic Evidence in Dispute About Capacity to Enter Power of Attorney Used to...

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The Supreme Court of Tennessee has approved a trial court’s consideration of extrinsic evidence regarding whether an individual with Down syndrome had the capacity to execute a durable power of attorney that his brother used...more

Adams and Reese LLP

Tennessee Supreme Court Rules Economic Loss Doctrine Only Applies to Products Liability Cases; Reverses Appeals Court’s Expansion

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The Tennessee Supreme Court recently issued an important decision making clear that in a breach of contract dispute, the aggrieved party may recover more in damages than the parties’ contract permits, such as punitive,...more

Bass, Berry & Sims PLC

Tennessee Court Extends Economic Loss Doctrine to Construction Claims

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The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on...more

Butler Snow LLP

Saving Time and Money: Preemption of Direct Negligence Claims Against Employers in Tennessee

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Although Tennessee courts recognize claims asserted against an employer such as negligent hiring, training, supervision, and entrustment, recent case law suggests that those claims may no longer viable after an employer...more

Bass, Berry & Sims PLC

Tennessee Supreme Court Clarifies Application of the Prompt Pay Act

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On June 30, the Supreme Court of Tennessee issued an opinion interpreting the retainage provisions in Tennessee’s Prompt Pay Act (the Act). The opinion has significant implications for construction projects across Tennessee....more

Saiber LLC

An Attorney’s Consequences for Making Injudicious Comments on Social Media

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In a 28 page decision issued earlier this year, which the Supreme Court of Tennessee described as “a cautionary tale on the ethical problems that can befall lawyers on social media,” the court increased a lawyer’s 60 day...more

Baker Donelson

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

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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

Husch Blackwell LLP

Tennessee Supreme Court Implicitly Adopts The “Bare Metal Defense”

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The Tennessee Supreme Court’s opinion in Carolyn Coffman et al v. Armstrong International, Inc., et al., at least implicitly, recognized a “bare metal defense” for the first time under Tennessee law. The Court addressed the...more

Rivkin Radler LLP

Insurance Update - January 2021

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Courts ended 2020 with a flurry of insurance decisions. Our January 2021 Update highlights some of these decisions, including several by state supreme courts. We begin with a new twist on pandemic-related claims. ...more

Butler Snow LLP

Tennessee’s Proposed Amendments to Rule 26 Mandate Broad Initial Disclosures

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In contrast to Federal Rule of Civil Procedure 26(a)(1), the Tennessee Rules of Civil Procedure do not require initial disclosures—but that could be changing soon. On August 13, 2019, the Tennessee Supreme Court issued an...more

Butler Snow LLP

You’re Not My Client … But the Attorney-Client Privilege Still Applies!

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In Dialysis Clinic, Inc. v. Kevin Medley, 567 S.W.3d 314 (TN 2019), the Tennessee Supreme Court decided as a matter of first impression that attorney communications with a third party for the purpose of providing legal advice...more

Baker Donelson

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

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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

Carlton Fields

Tennessee Supreme Court Holds That Replacement Cost Less Depreciation Does Not Allow for Depreciation of Labor When Calculating...

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Insurance policies are designed to indemnify an insured by putting the policyholder in the same position he or she would have been in had no loss occurred. In the context of property insurance policies, damaged property is...more

Butler Snow LLP

Tennessee Supreme Court Clears Way for Appeals Despite Trial Courts Reserving Ruling on Attorney’s Fees

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In unanimously holding that a bank was not shielded from liability after removing a joint tenant with right of survivorship from accounts without his consent, the Tennessee Supreme Court dropped a lengthy footnote resolving...more

Bradley Arant Boult Cummings LLP

The Sixth Circuit Strikes Down Tennessee’s Cap on Punitive Damages

The Sixth Circuit recently issued a divided opinion holding that Tennessee’s statutory cap on punitive damages, Tenn. Code Ann. § 29-39-104, is unconstitutional. What makes the case interesting is that the court decided the...more

Burr & Forman

Tennessee Supreme Court Announces New Approach to Exculpatory Contracts

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Last week, the Tennessee Supreme Court revised the factors for determining the enforceability of releases signed before participation in an activity or obtaining a service. These releases, often called exculpatory agreements,...more

Bradley Arant Boult Cummings LLP

Tennessee Diversifies Its Valuation-Method Portfolio for Closely Held Corporations

The Tennessee Supreme Court overruled three decades of precedent in Athlon Sports Communications, Inc. v. Duggan, giving trial courts broad discretion in the method used to determine the “fair value” of shares in “dissenters’...more

Butler Snow LLP

What’s Mine is Mine, and What’s Ours is Now Mine

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The Tennessee Supreme Court has now determined that money withdrawn from a joint checking account and placed into a certificate of deposit in the name of only one of the spouses loses its status as entireties property. In re...more

Bradley Arant Boult Cummings LLP

Employee Quits and Then Slips: Covered Under Workers’ Comp or Not?

Is an employee who quits her job then injures herself before she gets out the door still covered by workers’ comp? In a recent Tennessee case of first impression, the court ruled that after an employee says “I quit,” the...more

Bradley Arant Boult Cummings LLP

Tennessee Supreme Court Rejects Efforts to Alter Existing Law on the Collateral Source Rule in Personal Injury Cases

Last month the Tennessee Supreme Court, in Dedmon v. Steelman, affirmed the long-standing collateral source rule in personal injury cases. As long as an injured plaintiff can establish that the medical expenses they incurred...more

Butler Snow LLP

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

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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

Burr & Forman

TN Trust Code Authorizes Pre-Dispute Arbitration Agreement: Not Per Se Breach of Duty, but May Not Bind Non-Signatory Beneficiary

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The Tennessee Supreme Court recently held that Tennessee’s Trust Code and broad trust-instruments authorize a Trustee’s execution of a pre-dispute arbitration clause. That isn’t a per se breach of fiduciary duty, but the...more

Chambliss, Bahner & Stophel, P.C.

Choose Wisely When Co-Owning Property

Predictability that joint owners/tenants need today: This spring, the Tennessee Supreme Court ruled that joint property owners can eliminate the survivorship rights of jointly held property, changing their ownership to...more

Butler Snow LLP

Joint Tenancy/Survivorship Property Now Severable by Unilateral Acts of Co-Owner

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The Tennessee Supreme Court recently ruled that “a joint tenancy with an express right of survivorship can be severed by the unilateral actions of one of the co-tenants.” Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., No....more

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