Tennessee Defense Lawyers Association News

TDLA Files Amicus Curiae Brief in Curtis v. Tiffany L. Sharp, et al.

Mary Gadd — Thu, 02 Apr 2026 20:00:00 GMT

The TDLA Amicus Committee and Board have approved the filing of an amicus brief in Virginia Curtis, ex rel. Bruce Allen Curtis v. Tiffany L. Sharp, et al.

You may read the amicus brief by clicking here.

We extend our sincere thanks to TDLA members Jeff Nicoson and Lesley Floyd of Leitner, Williams, Dooley & Napolitan in Memphis, Tennessee, for their excellent work in preparing this brief.

In Memory of John ("Jbear") Barringer III

Mary Gadd — Fri, 27 Mar 2026 15:00:00 GMT

It is with heavy hearts TDLA announces the passing of Past President John Barringer's son, John Barringer III. The service is planned for Saturday, March 28, 2026 at 1:30, St. George’s Episcopal Church in Nashville.

More information may be found in the obituary here.

2025: A Year of Memories

Mary Gadd — Mon, 15 Dec 2025 13:00:00 GMT

Happy Holidays to our members! Wishing you a joyful season and a wonderful New Year ahead.

Watch our TDLA Year of Memories video here: TDLA Happy Holidays 2025.mp4

Proposed Adoption of Federal Rule 702

Mary Gadd — Fri, 12 Dec 2025 13:00:00 GMT

From TDLA Past President Hank Spragins with Hickman, Goza & Spragins

TDLA Members:

As you may be aware, the expert admissibility standards under our Tennessee Rule of Evidence 702 and Federal Rule of Evidence 702 are different. Tennessee can be considered an outlier among southeastern states and states within the Sixth Circuit in that it has not expressly adopted the requirements of Federal Rule 702. Given the recent amendments to Federal Rule 702, now may be the time for Tennessee to join other states in the Southeast and within the Sixth Circuit by adopting Federal Rule 702.

To that end, the Lawyers for Civil Justice (LCJ) are spearheading efforts across the country for adoption of Federal Rule 702. Here in Tennessee, that effort starts with support of lawyers and organizations across the state. Below you will find a draft letter outlining why Tennessee should adopt Federal Rule 702 addressed to the Tennessee Bar Association. LCJ is seeking endorsement and signatures from litigators in Tennessee.

If you are supportive of the proposed rule change and can sign on to the letter, please reach out directly to Eric Hudson at Butler Snow via email: Eric.Hudson@butlersnow.com or telephone: 901-680-7309.

LCJ hopes to finalize the letter for submission next week, and they ask that if you (or colleagues) want to sign on, please alert Eric Hudson by December 16, 2025. LCJ also encourages you to share the letter with colleagues if you think they may be interested in participating in this change.

Draft Letter of Proposed Rules Change in Tennessee: Click Here

Thank you,

Hank Spragins
Hickman, Goza & Spragins
Memphis, TN

TDLA Announces Executive Committee for 2025-26

Mary Gadd — Fri, 05 Sep 2025 20:00:00 GMT

TDLA is pleased to announce our Executive Committee for 2025–26 and proudly welcome the following members:

Rachel Dix Bishop, TDLA President - Permobil, Inc in Lebanon, TN

Adrienne Fazio, TDLA President-Elect - Manier & Herod in Nashville, TN

A.J. Parker, TDLA Secretary/ Treasurer - Rainey, Kizer, Reviere & Bell in Nashville, TN

Hank Spragins, Immediate Past President - Hickman, Goza & Spragins in Memphis, TN

TDLA anticipates a remarkable year ahead, filled with growth, progress, and success!

TDLA Announces Award Winners for 2025

Mary Gadd — Fri, 05 Sep 2025 19:10:54 GMT

The TDLA Defense Lawyer of the Year award honors a TDLA member who has made significant contributions to TDLA, to the defense bar, and/or to the practice of law in Tennessee this year.

Congratulations to the following:

Kitty Boyte with Peterson White for "Defense Lawyer of the Year"

The TDLA Rising Star award honors a TDLA member who has been practicing law 10 years or less and who has made significant contributions to TDLA, to the defense bar, and/or who has promoted the interests of young lawyers in Tennessee this year.

The Rising Star award this year goes to:

Grace Benitone Burnett with Rainey Kizer Reviere & Bell for "Rising Star"

The Nathan E. Shelby Emerging Leaders Award honors Nathan Shelby (1979-2023), TDLA President-Elect 2022-2023, who was known for his strength in identifying and mentoring young lawyers to fulfill their potential as effective civil defense lawyers, and as emerging leaders in TDLA.

The award this year goes to:

Gabi Jackson with Manier & Herod for "Nathan E. Shelby Emerging Leader"

TDLA announces passing of TDLA Past President Hugh C. Gracey Jr.

Mary Gadd — Tue, 15 Jul 2025 12:00:00 GMT

It is with deep sadness TDLA announces the passing of TDLA Past President (1973-74) Hugh C. Gracey Jr. Obituary below passed along from his son, attorney Hugh Gracey III.

Hugh C. Gracey, Jr. passed away at the age of 79 on July 8, 2025. He was born on September 24, 1945 in Philadelphia, Pennsylvania.He was the son of Sally and Hugh C. Gracey.

He attended college at Auburn University from 1963 until 1967 graduating with a Bachelor of Arts degree. He attended Cumberland School of Law at Samford University in Birmingham, Alabama from 1968 until 1971 graduating with a Doctor of Jurisprudence degree. He returned to Nashville, Tennessee following law school graduation and practiced with his father for twelve years at Gracey, Madden Cowan & Bird until starting his own law firm of Gracey, Howard, and Sowell in 1987 which later became Gracey, Ruth, Howard, Tate and Sowell. He retired from the practice of law in 1999.

He was a former member of the American Bar Association, Tennessee Bar Association, Nashville Bar Association, Tennessee Defense Lawyers Association, Federation of Insurance and Corporate Counsel and the Defense Research Institute. He was a 32 Degree Mason of the Phoenix Lodge, Al Menah Shrine Temple. He was a member of First Presbyterian Church.

He was married to Pam Gracey for 54 years and is survived by his wife, daughter Sarah Gracey Schulz, son Hugh C. Gracey, III, their four grandchildren, Ellie Schulz, Emma Schulz, Morgan Gracey and Hugh C. Gracey IV (Duke), and sister, Sarah D. Gracey. Honorary Rememberances: Barry Wilkinson; Alan Sowell; Randy Fowler; Brad Myers; Martin Beauman; Bill Leader; Richard Brown of White River Junction, Vermont; Paul Galante of Hernando, Florida; George Ford of Gadsden, Alabama; Stan Myers of Hamilton, Ohio and Ronnie C. Fox of Gallatin, Tennessee.

A Celebration of Life will be held in the near future. In lieu of flowers, the family would prefer that a donation be made to “The BGA Fund” at Battle Ground Academy.

TDLA Awards - Nominations Now Open

Mary Gadd — Thu, 10 Apr 2025 12:00:00 GMT

TDLA Award Nominations for 2025 are now open! To nominate a fellow TDLA member, please click here.

The Tennessee Defense Lawyers Association wishes to recognize the talent and achievements of our members by presenting the following annual awards at the Annual Meeting Awards event. Deadline for submittal is August 8, 2025.

DEFENSE LAWYER OF THE YEAR
To honor a TDLA member who has made significant contributions to TDLA, to the defense bar, and/or to the practice of law in Tennessee this year.

RISING STAR AWARD
To honor a TDLA member who has been practicing law 10 years or less and who has made significant contributions to TDLA, to the defense bar, and/or who has promoted the interests of young lawyers in Tennessee this year.

Nathan E. Shelby Emerging Leaders Award
To honor an emerging TDLA leader and participant in the TDLA Emerging Leaders Program, who has demonstrated development of leadership skills through participation in multiple TDLA events. The award honors Nathan Shelby (1979-2023), TDLA President-Elect 2022-2023, who was known for his strength in identifying and mentoring young lawyers to fulfill their potential as effective civil defense lawyers, and as emerging leaders in TDLA.

Last year's Award Winners were:

Defense Lawyer of the Year - Steve Dix, Dix & Associates
Rising Star - A.J. Parker, Rainey, Kizer, Reviere & Bell
Nathan E. Shelby Emerging Leaders Award - Jordan Gibson Niederland, Rainey, Kizer, Reviere & Bell

You may view TDLA past year's award winners by clicking here.

TDLA Emerging Leaders Program

Mary Gadd — Tue, 01 Apr 2025 12:00:00 GMT

TDLA Emerging Leaders is a Leadership Development Program whereby lawyers in our organization have the opportunity to learn and develop leadership skills and be recognized for their participation in various TDLA activities. Anyone wishing to participate in the Emerging Leaders Program will be able fill out a Progress Tracker, which will have space for each participant to mark when a task is complete.

Any young lawyer members who have completed 6 of 8 tasks from either Level 1 or Level 2 by the time of the next TDLA Annual Meeting and may submit their form this year by August 8, 2025.

Each year, TDLA recognizes our emerging leaders at our Annual Meeting with the Nathan E. Shelby Emerging Leaders Award. The award honors Nathan Shelby (1979-2023), TDLA President-Elect 2022-2023, who was known for his strength in identifying and mentoring young lawyers to fulfill their potential as effective civil defense lawyers, and as emerging leaders in TDLA.

Click here to see the progress tracker and see if you qualify!

Send your progress tracker to office@tdla.net

TDLA Amicus Efforts

Mary Gadd — Thu, 20 Jun 2024 12:00:00 GMT

TDLA has recently become involved in several issues that our Amicus Committee and TDLA Board found would be important for our civil defense community.

TDLA has recently participated/ approved participation as amicus in the following Tennessee appellate court cases:

· Denson v. Methodist Medical Center of Oak Ridge, et. al., E.2023-00027-SC-R11-CV (case regarding the sufficiency of pre-suit notice under TN healthcare liability law).

· Castillo v. Rex, et. al., E2022-00322-COA-R9-CV (case regarding protective order addressing communications between defendant hospital and decedent’s family).

· Doe v. Bellevue Baptist Church, W2022-01350-COA-R3-CV (case addressing dismissal of parents’ claim for negligent infliction of emotional distress in relation to sexual abuse of their child, on the basis that the claims are not legally cognizable because the parents did not perceive any injury-producing event).

· Locke v. Aston, M2022-01820-COA-R9-CV (health care liability case involving issue of whether the defendant must produce surveillance videos of the plaintiff in discovery).

Tennessee Lawyers Assistance Program (TLAP)

Mary Gadd — Fri, 15 Sep 2023 12:00:00 GMT

If you, or any of your friends/ colleagues/ firm members or associates, need additional assistance with dealing with the emotional impact of sad news, please consider contacting the Tennessee Lawyers Assistance Program (TLAP), which is available to support lawyers across the state of Tennessee, and can be reached at https://tlap.org/ or 615-741-3238 or toll free at 877-424-8527.

TDLA Amicus Brief: Crotty v. Flora, MD

Mary Gadd — Fri, 13 May 2022 16:00:00 GMT

TDLA Members Marty Phillips and Craig Sanders with Rainey, Kizer, Reviere & Bell have filed an Amicus Brief on behalf of TDLA in the Crotty v. Flora, MD case. The statement of issues is whether Tennessee Code Annotated § 29-26-119, which is part of the Health Care Liability Act, precludes plaintiffs in health care liability cases from recovering medical expenses that have been written off and that nobody paid or owes.

You may view the Amicus by clicking here.

TDLA Amicus Briefs update

Mary Gadd — Tue, 11 May 2021 12:00:00 GMT

TDLA is currently working on several Amicus Briefs. Below is an outline of those Amicus Briefs for our membership.

TDLA’s Professional Negligence and Healthcare Committee Co-Chair, Chris Vrettos: On April 7, 2021, the Supreme Court granted Defendants’ application for permission to appeal in Cooper v. Mandy, et al. Cooper involved claims of a negligently performed breast reduction surgery in which the patient maintained she never would have undergone the procedure but for the physician and his practice group’s alleged misrepresentation regarding his credentials. After Plaintiffs’ counsel failed to comply with pre-suit notice requirements on both filing and re-filing of the lawsuit, the Trial Court denied Defendants’ Motion to Dismiss on the grounds that all of Plaintiffs’ claims—including one for medical battery—flowed from the alleged initial misrepresentation. Consequently, Tennessee’s Health Care Liability Act did not apply. The Court of Appeals affirmed in November 2020. Brie Stewart of Spears, Moore, Rebman & Williams in Chattanooga will prepare an amicus brief on behalf of the Tennessee Defense Lawyers Association.
TDLA’s Tort Committee Co-Chair, Sean Martin: Younger v. Okbahhanes is an action for personal injury arising out of a motor vehicle accident. Plaintiff filed a lawsuit against Defendant more than 1 year after the accident. Defendant filed a motion for summary judgment arguing that Plaintiff’s action was untimely. Plaintiff argued in response that T.C.A. § 28-3-104(a)(2) operated to extend the statute of limitations to two years because Defendant was issued a traffic citation for failure to exercise due care in violation of § 55-8-136. T.C.A. § 28-3-104(a)(2) extends the statute of limitations to two years if “(A) Criminal charges are brought against any person alleged to have caused or contributed to the injury; (B) The conduct, transaction, or occurrence that gives rise to the cause of action for civil damages is the subject of a criminal prosecution commenced within one (1) year by: (i) A law enforcement officer; (ii) A district attorney general; or (iii) A grand jury; and (C) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct.” The trial court found that T.C.A. § 28-3-104(a)(2) extended the statute of limitations to two years because Defendant was charged with a criminal offense and a criminal prosecution had been commenced against him. Addressing this as a matter of first impression, the Tennessee Court of Appeals affirmed, holding that “the traffic citation issued to Defendant for failure to exercise due care, which had been prepared, accepted, and the original citation filed with the court, [wa]s a criminal charge and a criminal prosecution by a law enforcement officer, such that [T.C.A. § 28-3-104(a)(2)] was applicable to extend the statute of limitations to two years.” Therefore, the Court of Appeals upheld the trial court’s denial of summary judgment to Defendant. Defendant filed a Rule 11 Application for Permission to Appeal with the Tennessee Supreme Court at the end of March 2021. Plaintiff filed a timely response in opposition in April 2021. We are currently waiting for the Tennessee Supreme Court to decide whether to grant permission to appeal. Hannah Lowe of Trammell Adkins & Ward in Knoxville is working on an amicus brief that will be ready to be filed on behalf of TDLA should the Tennessee Supreme Court accept the application and grant permission for the appeal.
Todd Presnell with Bradley’s Nashville office is drafting an Amicus Brief on behalf of TDLA. This brief will be in support of Nashville Ready Mix’s Rule 11 Application in Story v. Meadows, Court of Appeals No. M2019-01011-COA-R3-CV. This submission is also being considered in partnership with DRI's national Amicus Committee.

Tennessee Case Alert - Younger v. Okbahhanes

Mary Gadd — Mon, 22 Feb 2021 13:00:00 GMT

On January 28, 2021, the Court of Appeals for the Eastern Section, in a case of first impression, interpreted Tennessee Code Annotated §28-3-104(a)(2) to extend the statute of limitations to two years when a traffic citation for failure to exercise due care was issued at the scene of the accident. See Younger vs. Okbahhanes, 2011 Tenn. App. Lexis 33 (January 28, 2021).

TDLA member Sean Martin with Carr Allison in Chattanooga is the attorney for the appellant. To aid in his application to the Tennessee Supreme Court, he would like to know whether you have had or currently have a case involving Tennessee Code Annotated section 28-3-104 (a)(2). He is also interested in learning if you have received a new lawsuit since January 28, 2021 that attempts to revive a case thought to have been barred by the one year statute of limitations but now has a two year statute based on this holding.

Please forward any information or comments to swmartin@carrallison.com.

TDLA Amicus Result - Martin v. Rolling Hills Hospital

Mary Gadd — Wed, 29 Apr 2020 23:00:00 GMT

Thank you to the TDLA Professional Negligence & Healthcare section chair Chris Vrettos with Gideon, Cooper, and Essary PLC for the TDLA Amicus Brief on this case culminating in a favorable result. Please see summary and opinions below.

The Supreme Court just released its opinion in Martin v. Rolling Hills Hospital, a pre-suit notice case involving deficiencies in the HIPAA authorization. The Supreme Court’s decision resulted in a reinstatement of the dismissal originally granted to the Defendants by the trial court.

Just as importantly, the Supreme Court addressed some questions—particular to HIPAA authorization deficiency cases—that up until now had been answered inconsistently by various Courts. In summary:

Defendants wishing to challenge a Plaintiff’s compliance with the pre-suit notice statute should show how Plaintiff’s noncompliance frustrated the purpose of the statute, or denied the defendants a benefit conferred by the statute.
One way to do this is to show that the HIPAA authorization accompanying the notice lacked one or more of the 6 core elements required by federal regulations.
While Defendants must still explain how they were prejudiced by Plaintiff’s noncompliance, they need not attempt to “test” a deficient HIPAA authorization.
Once Defendants have met the burden described above, the burden shifts back to Plaintiffs to show substantial compliance with, or extraordinary cause for failure to comply with, pre-suit notice requirements.
Notably, prejudice is relevant to the question of substantial compliance, but it is not its own analytical element in ruling upon a Rule 12.06 motion regarding Plaintiff’s failure to comply with pre-suit notice requirements.

Majority Opinion: click here

Separate Opinion: click here

TDLA members Ashley Cleek and Brandon Stout with Rainey, Kizer, Reviere & Bell in Jackson, TN were attorneys for the appellants, Rolling Hills Hospital, LLC, and Universal Health Services, Inc.

TDLA Members: If you would like to submit a request for TDLA Amicus Brief consideration, please email office@tdla.net

29-26-121(f) ex parte interviews

Mary Gadd — Mon, 02 Mar 2020 14:00:00 GMT

Update from Chris Vrettos and Drew Reynolds, chairs of the TDLA Healthcare & Professional Negligence Section:

The Supreme Court has just reached its decision in Willeford v. Klepper regarding the ex parte interview statute. The Court struck down the statute as enacted as unconstitutional. However, the statute remains constitutional if “elided” to make QPOs permissive, rather than mandatory.

More info: click here and here

TDLA Amicus- TN Supreme Court Decision on Statutory Caps

Mary Gadd — Thu, 27 Feb 2020 12:45:44 GMT

Please see the link below regarding the Tennessee Supreme Court decision holding that statutory caps on noneconomic damages does not violate the Tennessee constitution.

Thanks to Sean Martin with Carr Allison and his team for providing the TDLA Amicus Brief on this issue to the court.

TN Supreme Court Majority Opinion may be seen by clicking here.

Summary of the decision: click here

TN Farmers v. DeBruce - Supreme Ct Decision

Mary Gadd — Thu, 17 Oct 2019 15:00:00 GMT

TN Supreme Court has issued its opinion in the DeBruce case. This was an insurance coverage / dec action case in which TDLA members Hank Spragins, Elijah Settlemyre and Hannah Lowe wrote the Amicus brief on behalf of TDLA. The court agreed with TDLA’s (and Tennessee Farmers’) position and found that the tort plaintiff is not a necessary party to a dec action between an insurance company and its insured.

To read the Supreme Court decision: click here

Bidwell v. Strait - Case to Watch

Mary Gadd — Wed, 25 Sep 2019 12:00:00 GMT

The Professional Negligence and Healthcare co-chairs Drew Reynolds and Chris Vrettos have brought a case to watch to TDLA's attention. The Tennessee Court of Appeals issued an opinion last week that might be of interest to attorneys in the Professional Negligence and Health Care Section. For a PDF of the opinion, Bidwell v. Strait et al., click here.

Bidwell appears to be the first appellate opinion to address the “notice back” provision set forth in Tenn. Code Ann. § 29-26-121(a)(5). Among other things, Bidwell holds that the onus is no longer solely on the claimant to identify all necessary parties to a health care liability action; rather, based on § 29-26-121(a)(5), a defendant may not withhold the identity of a known or necessary person, entity, or health care provider who may be a properly named defendant.

Although Bidwell involved issues relating to the Governmental Tort Liability Act that will not arise in most health care liability actions, the plaintiffs’ bar may seize on the above-referenced language from the opinion in order to argue that defendants must provide written notice of any persons, entities, or health care providers who may be properly named defendants within 30 days of receiving pre-suit notice in all health care liability actions. Based on the holding of Bidwell, however, the scope of the obligation imposed on such defendants is not entirely clear. Accordingly, it would be worthwhile for attorneys representing defendants in health care liability actions to review this opinion and monitor any potential appeal, as well as Tennessee courts’ interpretation of § 29-26-121(a)(5) going forward.

Rule 26 Request

Mary Gadd — Mon, 26 Aug 2019 21:00:00 GMT

Rule 26 Request - The Tennessee Supreme Court is seeking written comments concerning recommended amendments from the Advisory Commission on the Rules of Practice and Procedure. Specifically, the Commission has recommended an amendment to Rule 26 of the Rules of Civil Procedure which would require initial disclosures in state court. TDLA would appreciate receiving your comments regarding the proposed rule change so that we can draft a comment to submit on behalf of our membership. The deadline to submit comments is December 13. If you would like to also send your comments directly to the Commission, you can e-mail them to appellatecourtclerk@tncourts.gov or mail them to James Hivner, Clerk, Re: 2020 Rules Package, 100 Supreme Court Building, 401 7^th Avenue North, Nashville, TN 37219-1407.

Order seen by clicking here.

TDLA Amicus Brief Efforts

Mary Gadd — Tue, 23 Apr 2019 00:39:55 GMT

One of the membership benefits at TDLA is being part of an organization that can make a difference in Tennessee law. TDLA has submitted several Amicus Briefs in the last few months and below is a summary of those efforts.

Individual Healthcare Specialists, Inc. v. Bluecross Blueshield of Tennessee, Inc. - TDLA garnered national attention from DRI for its involvement in this case. The Tennessee Supreme Court issued an opinion in January addressing the issues discussed in the Amicus Brief filed by DRI with the assistance of TDLA last year. In the case, the Court found Defendants breached its contract with Plaintiffs by failing to pay post-termination commissions, but the discovery rule did not apply because the alleged breach did was not "inherently undiscoverable. While the Court did not reject the discovery rule with respect to all breach of contract cases, the opinion indicated that the discovery rule would apply in very narrow circumstances, if at all.

Martin et. al v. Rolling Hills Hospital, LLC - This is a healthcare liability case in which the Court of Appeals reversed the trial court’s dismissal of the claim based on plaintiffs’ incomplete HIPAA authorization and failure to comply with Tenn. Code Ann. section 29-26-121. The Supreme Court accepted the parties’ application and has asked for briefs regarding the role of prejudice in a substantial compliance analysis and when a plaintiff fails to provide a HIPAA-compliant authorization with the pre- suit notice letter. The parties’ briefing of these issues is completed, and TTLA has submitted an Amicus Brief. In response, TDLA Professional Negligence and Medical Malpractice Chair Chris Vrettos of Gideon, Cooper & Essary has filed an Amicus Brief on behalf of TDLA last week. More to come on this case.

Tennessee Farmers v. DeBruce - TDLA members Hannah Lowe of Trammell, Adkins and Ward and Hank Spragins of Hickman, Goza and Spragins have agreed to co-author an Amicus Brief on behalf of TDLA regarding this significant case. The Tennessee Declaratory Judgment Act (Tenn. Code Ann. 29-14-107(a)) requires that “all persons shall be made parties who have or claim an interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings.” To date, Tennessee appellate courts have never gone so far as to hold that a court would not have subject matter jurisdiction to hear a declaratory judgment action when the insurer failed to include a party that claims an interest in the declaration. This case makes doing so a possibility.

TDLA Receives National Award

Mary Gadd — Tue, 30 Oct 2018 21:00:00 GMT

TDLA was presented the Rudolph A. Janata award at the DRI Annual Meeting in San Francisco, CA earlier this month. The award is presented to an outstanding state & legal defense bar organization that has undertaken an innovative or unique program contributing to the goals and objectives of the organized defense bar. We are honored to receive this national award, and we recognize all TDLA leadership, past and present, who have tirelessly volunteered their time to achieve this honor!

Onwards and upwards!

TN Legislative Update 2018

Mary Gadd — Wed, 11 Apr 2018 12:00:00 GMT

Past TDLA President Brad Box with Rainey, Kizer, Reviere and Bell provided this legislative update for TDLA membership.

As the 2018 General Assembly draws to a close, here are a few interesting updates for you:

The Phantom Damages Elimination Act (Dedmon/West issue). This bill was introduced to deal with the disappointing opinion by the TN Supreme Court in the Dedmon case. I spoke with a lobbyist for Farm Bureau and he said that this bill died in committee because it didn’t have enough support in committee to move it out in the house of representatives. The chair of the house sub-committee was against it and so it never came out of committee. I suspect that it will generate more discussion next year. Of course there are lots of contested elections across the state, so that will have an impact on the future of this bill.
A Notary bill (SA0790), which I have attached, Click here to view. It will allow for documents to be electronically notarized. It has passed the Senate and will be on the house floor next week. The attached is the Senate amendment. The amendment rewrites the bill so this is the bill.
SB1862. This bill was introduced to respond to the American Law Institute restatement of liability insurance. This bill has been signed by the Governor and is now effective. Click here to view

Update on Willeford Case- TDLA Professional Negligence/ Healthcare section

Mary Gadd — Mon, 29 Jan 2018 17:00:00 GMT

Click Here for a summary from attorney Chris Vrettos of Gideon, Cooper & Essary PLC on the oral argument in the Willeford v. Klepper et al. case heard on January 10, 2018.

Dedmon v. Steelman Tennessee Supreme Court Ruling

Mary Gadd — Fri, 17 Nov 2017 18:55:58 GMT

The Dedmon v. Steelman case and the Tennessee Supreme Court ruling may be read by clicking here.

TDLA Amicus Brief - Professional Negligence & Healthcare Section

Mary Gadd — Mon, 24 Jul 2017 11:00:00 GMT

TDLA's Professional Negligence and Healthcare Section has filed an Amicus Brief on behalf of TDLA in the Willeford case regarding the separation of powers challenge to T.C.A. § 29-26-121(f). TDLA Member Peter Winterburn with Lewis Thomason is the lead on this Amicus Brief. This case has not yet been set for oral argument.

Please find documents below.

Brief click here

Brief of Amicus Curiae click here

Joint Brief of Defendants click here

Reply Brief of Willeford click here

If you have any questions, please do not hesitate to contact attorney Peter Winterburn pwinterburn@lewisthomason.com

Effective July 1, 2017 - Amendments to TN Rules of Appellate Procedure

Mary Gadd — Wed, 28 Jun 2017 23:37:32 GMT

A reminder of the amendments to the rules of appellate procedure that go into effect on July 1, 2017. Specifically, Rule 3 has been amended such that notice of appeal is filed ONLY with the appellate court clerk.

To view the full list of the amended TN Rules of Appellate Procedure that go into effect on July 1, 2017 click here, or visit the AOC website.

Employment Law Update on FLSA Temporary Injunction

Mary Gadd — Wed, 23 Nov 2016 17:00:00 GMT

On November 22, 2016, in response to legal challenges filed by 22 states and over 50 business organizations, a federal district court in the Eastern District of Texas issued a temporary injunction preventing the Department of Labor (DOL) from implementing most of the DOL’s new regulations relating to overtime, which regulations were scheduled to become effective on December 1, 2016. (According to the Court’s order, only the highly compensated employee exemption change will apparently still take effect on Dec. 1, 2016). In its order, the Court noted:

The Department has admitted that it cannot create an evaluation “based on salary alone.” . . . But this significant increase to the salary level creates essentially a de facto salary-only test. For instance, the Department estimates 4.2 million workers currently ineligible for overtime, and who fall below the minimum salary level, will automatically become eligible under the Final Rule without a change to their duties. . . . Congress did not intend salary to categorically exclude an employee with EAP [executive, administrative, and professional] duties from the exemption [from the Fair Labor Standards Act’s minimum wage and overtime requirements].

The injunction applies nationwide. The Court will still have to hold a full evidentiary hearing before deciding whether the injunction is to become permanent, however. Even if that ultimately happens, the DOL could still appeal any permanent injunction to the Fifth Circuit Court of Appeals and ultimately to the United States Supreme Court. Whether the DOL will try to immediately appeal this temporary injunction is unclear. Also, it is unclear whether the new Trump administration will continue to fight for the implementation of the new salary level test or whether it will be content to leave the 2004 salary level of $455/week in place when it is installed in January 2017.

What is clear is that the new salary level test of $913/week will not go into effect in any state by Dec. 1, 2016, because of this temporary injunction. Whether employers, because of this temporary injunction, decide to delay changes to their employees’ pay based upon the new salary level or attempt to “roll-back” such changes already made will depend upon the business considerations of each employer.

As background for those who may not be familiar with the DOL’s proposed overtime rules, in May 2016, the DOL issued a final rule changing the salary level required to be paid to employees in order for those employees with otherwise exempt job duties to be paid on a salary basis and not be subject to the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements. Below is a summary of some of the significant changes contained within that rule, which changes were scheduled to take effect on Dec. 1, 2016:

1.       Salary Threshold Changed to $913/week ($47,476/Year) – This is the guaranteed pay that an employee must receive in order to be classified as exempt from the federal Fair Labor Standards Act’s minimum wage and overtime requirements. This new threshold more than doubles the current salary threshold level of $455/week. While this level is slightly lower than the threshold in the proposed rule ($970/week), it still encompasses many employees that are currently classified as exempt. Additionally, the Final Rule amends the salary basis test to allow employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level.

2.      Automatic Salary Threshold Increases Every 3 Years (Not Annually) to Maintain Level at 40th Percentile in Lowest-Wage Census Region – The DOL reduced the frequency of the automatic increases in response to concerns raised by employers. Instead of annual increases, the threshold will be adjusted every 3 years to maintain the level at the 40th percentile of full-time salaried workers in the lowest-wage Census region.

3.      Job Duties Test is Unchanged –The DOL did not make changes to the standard duties test.

4.      Effective Date is December 1, 2016

5.      Highly Compensated Employee (HCE) Exemption Is Now $134,004/Year – This is an increase from the current threshold of $100,000/year. The final rule retains the methodology in the proposed rule setting the threshold at the 90th percentile of full-time salaried workers nationally.

If you have questions about this development please give us a call.

Geoffrey A. Lindley | Attorney at Law
Rainey Kizer Reviere & Bell PLC

Update on Reptile Theory

Mary Gadd — Thu, 29 Sep 2016 14:00:00 GMT

From the DRI Trial Tactics Committee-

Regalado v. Callaghan - Appellate Court Opinion Addressing "Reptile" Theory

For those of you interested in recent developments regarding the plaintiff Reptile theory you should take a look at the recent California Court of Appeals, Fourth District opinion published in the case entitled Regalado v. Callaghan. A copy of the decision can be seen by clicking here.

While the decision is ultimately adverse to the defense, the important point to be gleaned from the ruling is the fact that there is now finally a published California opinion addressing the “Reptile” theory. See pages 19-21.

Essentially, the Court of Appeal holds that such arguments are improper, but in this case not prejudicial and were waived due to the lack of a timely objection.

While the decision is ultimately against the defense, there is now an opinion holding that the Reptile argument is improper.

The lessons here are:
1. Reptile arguments are misconduct.
2. Defense counsel has to object as soon as those arguments are made (even better, pave the way with a MIL or pre-argument brief explaining that it is misconduct and that you will object).

Please be sure to pass this along to all of your clients and colleagues. This case was brought to my attention by members of the Amicus Committee of the Association of Southern California Defense Counsel (ASCDC).

TN Court of Appeals Takes Middle Ground on West Issue, Urges Supreme Court Consideration

Mary Gadd — Wed, 29 Jun 2016 16:00:00 GMT

On June 2, 2016, the Western Section of the Tennessee Court of Appeals issued its opinion in Dedmon v. Steelman, No. W2015-01462-COA-R9-CV (Tenn. Ct. App. June 2, 2016). Judge Brandon O. Gibson delivered the opinion, in which Judge Andy D. Bennett joined, and Judge Joe G. Riley, sitting as a Special Judge on the panel, filed a concurring opinion. The Dedmon case, on interlocutory appeal from the Circuit Court of Crockett County, Tennessee, directly addressed the case of West v. Shelby County Healthcare Corp., 459 S.W.3d 33 (Tenn. 2014), and considered its effect on personal injury litigation in Tennessee.

As a brief summary, the Tennessee Supreme Court’s decision in West considered the appropriate measure of “reasonable medical expenses” in the context of the Hospital Lien Act (“HLA”), codified at Tenn. Code Ann. § 29-22-101(a). Under the HLA, medical providers are entitled to recover, through a lien, for the “reasonable medical expenses” resulting from their treatment of a patient. In West, the Court considered the scope of the “reasonable expenses” that can be recovered by medical providers under this Act. The Supreme Court looked past the often-illusory “unadjusted charges” issued by modern healthcare companies and found that “with regard to an insurance company’s customers, ‘reasonable charges’ are the charges agreed to by the insurance company and the hospital. [The hospital’s] contract with [the insurer] defined what the reasonable charges for the medical services provided to [its patients] would be.” West, 459 S.W.3d at 46. With this in mind, the Court limited the amount a hospital could recover as “reasonable expenses” to the amount paid and accepted in satisfaction of a patient’s bill. The West Court further explained that the concept of “reasonable medical expenses” is “well known to the bench and bar,” applying not only in the hospital lien context, but also in medical malpractice actions, workers’ compensation actions, and personal injury actions.

Based upon this decision and the far-reaching language used by the Supreme Court, many members of the Defense Bar began pursuing efforts to limit recoverable medical expenses in personal injury actions to the amount paid on a Plaintiff’s behalf and accepted in satisfaction of a Plaintiff’s bill. These efforts were fiercely opposed by Plaintiffs hoping to pocket the difference between the unadjusted charges and actual charges as “phantom damages.” The Plaintiffs’ Bar routinely argued this price difference, known as the “negotiated price differential” was a benefit conferred to the Plaintiff through insurance, and therefore was protected by the long-standing collateral source rule. These opposing arguments were met with varying degrees of success in both state and federal trial courts, and conflicting orders appeared across the state.

In Dedmon, expressly relying upon the authority of West, the Defendants filed a motion in limine seeking to prohibit the Plaintiff from introducing evidence of any medical “expenses” exceeding the amounts accepted by the Plaintiff’s healthcare providers in satisfaction of the Plaintiff’s medical bills. Defendants argued that these excess charges were unreasonable as a matter of law following West. Though acknowledging that West construed “reasonable expenses” under the HLA, the trial court judge concluded: “I cannot imagine that [the Tennessee Supreme Court] would use any other logic in this situation than they used in that situation.” Dedmon v. Steelman, No. W2015-01462-COA-R9-CV at 3 (Tenn. Ct. App. June 2, 2016). Accordingly, the Defendants’ motion in limine was granted, and an interlocutory appeal followed. Although the Court of Appeals ultimately reversed the trial court’s order, it is important to recognize that the Dedmon opinion is not necessarily “bad” for Defendants. Rather, the Court charted a middle ground between the two sides, ultimately adopting a “hybrid approach” that will allow Plaintiffs to present evidence of the full, “unadjusted” charges issued by healthcare providers, but will also allow Defendants to present evidence of the lower, “adjusted” charges that were actually paid in order to refute the excess charges claimed by Plaintiffs.

In considering the issue, the Court of Appeals acknowledged that the concept of “reasonable medical expenses” has come under increased scrutiny in recent years “due to the increased involvement of government payors, the complexity of health care reimbursement provisions, financial pressures on hospitals, and the significance of medical expense recovery in personal injury litigation.” Dedmon at 6. The Court further noted that the unadjusted charges issued by healthcare providers are “vastly different” than the amounts actually paid on behalf of patients. Id. at 7 n.5. However, the Court concluded that under existing authority, “damages in personal injury cases are not measured by ‘fixed rules of law’ but rest largely in the discretion of the trier of fact.” Id. at 13 (quoting Roberts v. Davis, 2001 WL 921903, at *4 (Tenn. Ct. App. Aug. 7, 2001)). The Court found that Plaintiffs are entitled to present expert testimony regarding the reasonableness of their claimed damages. Id. (citing Borner v. Autry, 284 S.W.3d 216, 218 (Tenn. 2009)). However, the Court further found that “existing law in this state also makes clear that Defendants are permitted to offer proof contradicting the reasonableness of the medical expenses.” Id. at 16. Although Defendants were cautioned not to run afoul of the collateral source rule by indicating how a bill was actually paid, “allowing evidence that a medical bill was satisfied for a lower amount does not necessarily require evidence that the payment was made by a collateral source such as insurance.” Id. at 7 n.6. As the Court explained, the collateral source rule “does not address, much less bar, the admission of evidence indicating that something less than the charged amount has satisfied, or will satisfy, the amount billed.” Id. at 17 (quoting Martinez v. Milburn Enters., Inc., 233 P.3d 205, 222–23 (Kan. 2010)). In so holding, the Court specifically addressed and refuted the argument that the “negotiated price differential” is somehow protected by the collateral source rule. Thus, under Dedmon, Plaintiffs will no longer be able to use the collateral source rule as sword and shield when telling juries how much their medical expenses are. Juries will still determine the reasonable expenses, but only after hearing both sides of the story.

It should also be noted that the Court of Appeals specifically asked the Supreme Court to review this case to weigh in on whether the logic of West should apply in the context of personal injury actions. In his concurring opinion, Judge Riley agreed with the majority opinion based upon existing law; however, he further explained that “[w]ere it not for existing case law which we are bound to follow as an intermediate appellate court, I would apply the West rationale to personal injury litigation.” Judge Riley further opined that “modern day medical providers’ non-discounted charges generally dictate that that non-discounted charges are no longer reasonable medical expenses,” and “if the non-discounted charge is used as the reasonable medical expense, I believe the amount of the windfall to plaintiffs is no longer rationally based and is out of kilter as compared to the past.” Thus, Judge Riley concluded: “I see no reason to continue to provide the jury or other fact-finder with misleading data.” With both the majority and concurring opinion calling upon the Tennessee Supreme Court to consider this issue, it is likely that this matter will soon come under review once again. In the meantime, however, the authority of Dedmon provides clear opportunity for Defendants to introduce the actual cost of medical expenses to challenge the often exorbitant “unadjusted” rates issued by healthcare providers. This system leaves the ultimate decision to the jury, but it should limit the “phantom damages” recovered by Plaintiffs.

For more information and pdf of TDLA's Amicus Brief, please click here.

*Attorneys Bradford D. Box and Adam P. Nelson with Rainey, Kizer, Reviere & Bell’s Tort and Insurance Defense section submitted an Amicus Brief on behalf of the TDLA in support of the Defendant’s position.

In Memoriam: Brian Trammell

Mary Gadd — Mon, 28 Mar 2016 19:00:00 GMT

The TDLA community lost a beloved member of our organization recently. Brian Trammell, of Trammell, Adkins & Ward, PC in Knoxville, TN was a TDLA President (1997-98) and former DRI State representative. The TDLA community mourns his loss, and our thoughts are with the Trammell family, friends and law partners during this time.

Brian Trammell was 58 years old and passed away Sunday March 27. Funeral Arrangements will be by Rose Mortuary Mann Heritage Chapel. Full obituary may be read by clicking here.

www.rosemortuary.com

TDLA Member Adelman Defense Win!

Mary Gadd — Sun, 13 Dec 2015 15:00:00 GMT

On June 19, 2015, the United States District Court for the Western District of Tennessee issued a favorable opinion for the firm's clients enforcing an assisted living facility’s arbitration agreement. In the case, the resident’s son, and attorney in fact through two powers of attorney, signed the arbitration agreement on behalf of his mother in the process of admitting her to an assisted living facility. Hagwood Adelman Tipton healthcare attorneys, Rebecca Adelman, PLLC, along with an associate, represented the firm’s clients.

Plaintiff argued that the alternative dispute resolution agreement (ADR) was not enforceable on multiple grounds, including the unavailability of the National Arbitration Forum (NAF) as the arbitration service provider and that the wrongful death beneficiaries were not bound by the ADR. The court disagreed with each of Plaintiff’s arguments. Of importance, the court relied heavily on the contract itself rather than analyzing extraneous factors and the circumstances surround the signing of the arbitration agreement. The court followed the trend of numerous federal courts in finding that the unavailability of the NAF does not render the ADR unenforceable because it was not an integral term of the contract and could be severed based on clear terms within the ADR.

The court also disagreed with Plaintiff’s argument that the wrongful death beneficiaries were not bound by the terms of the ADR. Tennessee follows a hybrid approach to the wrongful death statute, which finds that there can only be one cause of action under the wrongful death statute and the cause of action belongs to the deceased. The court held that since the wrongful death claim belongs to the estate/deceased, the beneficiaries must seek their damages in whichever forum the estate agreed to, including arbitration. As the court acknowledged, this issue had not been clearly decided under Tennessee law and, thus, this opinion provides clear guidance for future cases.

Of note, the court granted the motion to compel arbitration and dismissed the suit without prejudice. In many cases, courts stay the proceedings pending the conclusion of arbitration. Here, the court found that because all of Plaintiff’s claims are within the substantive scope of the ADR, all of the claims are subject to arbitration and dismissed Plaintiff’s claims without prejudice.

The decision in this case is very important for enforcing future motions to compel arbitration. Many of the issues decided in this opinion have been heavily debated in recent years and the court’s opinion provides clear guidance for future cases.
Attorney Adelman filed a memorandum and two sur-replies, per the court’s instruction, to fully brief the court on all issues, including specifically the wrongful death beneficiaries’ issue. The court’s order agreed with each of the arguments presented by defense counsel.

Tennessee Defense Win!

Mary Gadd — Fri, 31 Jul 2015 11:00:00 GMT

Kay Anderson, attorney with The Hardison Law Firm in Memphis, Tennessee, successfully defended a general surgeon in the state Circuit Court in a case involving a low anterior repair operation. The plaintiff was a morbidly obese woman who had six previous abdominal surgeries. She presented to the emergency department with severe pain caused by diverticulitis. After a period of time to rest the bowel, the physician and his resident performed the procedure. They were able to visualize the ureters and move them away from the line of surgery. They successfully reconnected the colon to the rectum. After an uneventful post-operative course the patient was discharged. She returned to the emergency department with complaints of flank pain and was diagnosed with an obstructed ureter. A second surgery was performed to deal with this obstruction whereupon it was discovered that the ureter was parallel to the anastomosis with a staple across the ureter. The second surgery was a success and the plaintiff suffered no kidney damage. She subsequently developed a deep vein thrombosis and a hernia. She filed the lawsuit claiming the stapling of the ureter caused damages. After a two week trial, the jury found the physician had complied with the recognized standard of acceptable professional practice and was not liable.

Welcome New Young Lawyer Members Caroline Williams and Haley Moody

Mary Gadd — Wed, 10 Jun 2015 18:30:00 GMT

TDLA welcomes new Young Lawyer members Caroline R. Williams with Hunter, Smith and Davis, LLP and Haley E. Moody with Leitner, Williams, Dooley & Napolitan, PLLC!

Thanks to new "Friend of TDLA" sponsor Michelle McBroom Weiss

Mary Gadd — Wed, 10 Jun 2015 06:00:00 GMT

TDLA thanks Michelle McBroom Weiss for her sponsorship this year. Ms. Weiss is a Vocational Consultant. Vocational rehabilitation and case management services include: vocational expert testimony; vocational evaluations; vocational testing; job placement assistance; job seeking skills; career guidance.

https://www.linkedin.com/pub/michelle-weiss/4/a14/952

Welcome New Young Lawyer Members!

Mary Gadd — Mon, 01 Jun 2015 00:00:00 GMT

TDLA would like to welcome the following New members to the Young Lawyers Section!

Robert E. Carden - Leitner, Williams, Dooley & Napolitan, PLLC

Hannah S. Lowe - Trammell, Adkins & Ward, P.C.

Brandon J. Stout - Rainey, Kizer & Bell, PLLC

Cara E. Weiner - Spears, Moore, Rebman and Williams

Yen-Chia (Eric) Shen - Liberty Mutual

Frances Koho - TVA

HB 1003-SB 892 Givens/ Alsip/ Hayslett Fix

Mary Gadd — Thu, 30 Apr 2015 21:00:00 GMT

Attached below is a signed copy of the Givens/ Alsip/ Hayslett Fix. This was signed into law by Governor Haslam on April 24, 2015.

Signed Copy of HB 1003-SB 892

In Sympathy: Michael J. Philbin

Mary Gadd — Mon, 27 Apr 2015 01:00:00 GMT

TDLA is greatly saddened by the passing of TDLA Past President Michael J. Philbin. Mike Philbin was TDLA President from 1993-94. TDLA extends its deepest sympathies to the entire Philbin family.

Services are all at Christ the King Catholic Church, 3001 Belmont Boulevard, Nashville, TN; visitation from 5-7 p.m. on Monday, April 27, in the parish hall, and 10-11 a.m. in the church followed by Mass of Resurrection at 11 a.m. Tuesday, April 28.

Update: The Givens/Hayslett Fix SB0892/HB1003

Mary Gadd — Fri, 10 Apr 2015 20:00:36 GMT

TDLA is pleased to advise the bill passed through the full House today 94-0 and through the full Senate 29-2. The bill now goes to the Governor for signature.

Thanks to the TDLA leadership and membership for supporting this important legislation that will aide defense lawyers across the State!

"Givens Fix Fix" SB892/ HB1003 Update

Mary Gadd — Thu, 02 Apr 2015 11:44:55 GMT

We are further pleased to announce the “Givens Fix Fix” bill passed through the House Civil Justice Committee, March 31st on a voice vote. We are pleased to advise the bill passed through the Senate Judiciary Committee yesterday morning by a vote of 6-2-1. One of our Members was called upon in the Senate to testify in support of the bill on behalf of the TNDLA and was proud to do so.

The bill will next be considered by the full House and Senate. We will keep you posted.

A Win for TDLA - Haynes v. Formac Stables, Inc.

Mary Gadd — Mon, 30 Mar 2015 19:00:00 GMT

CHARLES HAYNES v. FORMAC STABLES, INC.

Court: TN Supreme Court

Attorneys:
Justin S. Gilbert, Chattanooga, Tennessee; Jonathan L. Bobbitt, Brentwood, Tennessee; and Jessica F. Salonus, Jackson, Tennessee, for the appellant, Charles Haynes.

James M. Glasgow Jr., Union City, Tennessee; Timothy R. Holton, Memphis, Tennessee; and Michael P. McGartland and Eugene E. Borchardt, Fort Worth, Texas, for the appellee, Formac Stables, Inc.

Robert D. Meyers, Ryan M. Skertich, and Brandon D. Pettes, Memphis, Tennessee, for the amicus curiae, the Tennessee Defense Lawyers Association

Judge: WADE

The plaintiff asserted claims for retaliatory discharge pursuant to both the common law and the Tennessee Public Protection Act, alleging that the owner of the employer had engaged in illegal conduct and had terminated the plaintiff’s employment when he acted as a whistleblower by complaining of the conduct to the owner. The trial court dismissed the plaintiff’s claims because, according to his own allegations, he had not reported the illegal activity to anyone other than the person responsible for the activity. The Court of Appeals affirmed. We hold that an employee must report an employer’s wrongdoing to someone other than the wrongdoer to qualify as a whistleblower, which may require reporting to an outside entity when the wrongdoer is the manager, owner, or highest ranking officer within the company. The judgment of the Court of Appeals is affirmed.

haynesc_032715.pdf

David Eaton -- Defense Victory

(Past member) — Tue, 02 Dec 2014 19:38:57 GMT

Congratulations to TDLA member, David Eaton, who along with his partner, Carl Hagwood, obtained a defense verdict in a matter involving a long-term care facility. To learn more about this verdict, please go to the Members Only section.

Mac E. Robinson, Sr.

(Past member) — Fri, 19 Sep 2014 17:50:55 GMT

TDLA recently learned that its fourth president, Mac Edward Robinson, Sr., died on September 11, 2014. TDLA wishes to express its condolences to Mr. Robinson's family. The following obituary is reprinted from TBA Today:

Mac Edward Robinson, Sr., Age 85 of Nashville, TN, passed away on September 11, 2014. Born on August 18, 1929, he is preceded in death by his parents, Millard and Florence Stalls Robinson, and his beloved wife, Margaret Hicks Brady Robinson. He is survived by children, Mac E. Robinson, Jr. and Lee Robinson; sister, Jean Langdon and numerous cousins, nieces and nephews. Mac is also survived by special friends, Dinah Lanier, caregiver and longtime family friend, and Jeff Brown, who provided so much assistance over the years.

Mac graduated from Clarksville High School and was a member of the All State Football team. He graduated from Vanderbilt University where he also had a notable four year football career of which he was very proud and was a member of Alpha Tau Omega fraternity. After receiving his law degree from Vanderbilt Law School, he was admitted to the Tennessee Bar Association in 1956 and practiced law in Nashville for nearly 50 years. Mac was a member of the Nashville Bar Association, the Federation of Insurance Counsel and the Tennessee Defense Lawyers Association. He was a member of Belle Meade Country Club, The City Club, Cedar Creek Yacht Club and Lions Head Homeowners Association.

Mac loved to travel, play golf, hunt and he fulfilled one of his many dreams in 1972 with a six week safari hunting trip to Kenya and Tanzania. Known as "Big Mac", he always enjoyed a good story, a good laugh and socializing with friends and family. A Memorial service will be held on Tuesday, September 16th at Hillsboro Church of Christ, 5800 Hillsboro Rd., Nashville at 6 p.m., with visitation from 4 - 6 p.m. prior to the service. A private inurnment will be held later at Mt. Olivet Cemetery. Memorial donations may be made to the Nashville Humane Association or to Vanderbilt University.

Defense Verdict for Amanda Waddell and Marty Phillips!!

(Past member) — Sat, 13 Sep 2014 18:18:15 GMT

TDLA congratulates Amanda Waddell and Marty Phillips on their recent defense verdict. To learn more about this verdict involving a reduction of hip dislocation (post hip implant three weeks prior) resulting in a femoral fracture, go to the members only section/verdicts and select either medical practice or orthopedic.

Brad Box -- Fred H. Sievert Award Recipient

(Past member) — Sat, 06 Sep 2014 14:32:22 GMT

DRI has announced that TDLA President, Brad Box, is the recipient of its 2014 Fred H. Sievert Award. This award honors an individual who, as president of a state or local defense organization, has made a significant contribution toward achieving the goals and objectives of the organized defense bar.

The formal award presentation will be held in San Francisco during the DRI Annual Meeting. If you would like to be in attendance to see Brad presented with the award, you will need to purchase tickets for the Awards Luncheon where Vernice "FlyGirl" Armour will also speak. (Vernice is America's first African-American female combat pilot.)

Way to go, Brad -- and keep up the great work!

Robert "Hunter" Cagle

(Past member) — Wed, 12 Mar 2014 13:33:59 GMT

TDLA learned today that former TDLA President, R. Hunter Cagle, died on March 4, 2014. Those of us who met Hunter really appreciated his kind demeanor and enjoyed his caring nature. Our condolences to his wife, Judy, who always provided great support to TDLA; they would have celebrated 53 years of marriage on March 18.

Hunter was an active member of First Presbyterian Church where he served as an elder and Sunday school class teacher. He also served in the Presbytery of East Tennessee on several divisions and was a member of the General Council during 2002-13. He served in the Navy during the Korean War, disrupting his college years of University of Tennessee, where he received his B.S. in business administration and his jurisprudence degree in 1957. He served as a law clerk in Nashville and in July 1959, Hunter was appointed assistant U.S. Attorney in Nashville. In 1965, he returned to Knoxville and practiced law for 26 years with Poore, Cox, Baker and McAuley. In 1987, he joined Kennerly, Montgomery and Finley and retired from practice in 2004.

Memorials may be made to First Presbyterian Church, Heritage, Heart and Hope Capital Campaign, 620 State Street, Knoxville, TN 37902. Online condolences may be sent to www.rosemortuary.com.

Another Defense Verdict!

(Past member) — Mon, 20 Jan 2014 20:16:04 GMT

Congratulations to TDLA members, J. V. Thompson and Brad Box of Rainey, Kizer, Reviere & Bell, PLC, Jackson on their recent defense verdict. To learn more about this verdict, go to the Members Only section, Verdicts, and Automobile, Unauthorized Driver or Family Purpose Doctrine.

Defense Verdict!

(Past member) — Thu, 16 Jan 2014 13:27:00 GMT

Congratulations to TDLA members Dale Conder and Matthew Courtner on their recent defense verdict. To learn more about the verdict, go to the Members Only section where an article from DRI's The Voice is reprinted under Civl Rights, Drugs, Employment and Summary Judgment.

Another Defense Verdict!

(Past member) — Wed, 18 Dec 2013 18:37:04 GMT

Congratulations to TDLA member, David M. Cook of The Hardison Law Firm, P.C. in Memphis on a defense verdict. To learn more about this opthalmology case involvnig LASIK, please go to the Members Only section and look for Verdicts, then Opthalomology.

Congratulations - Kay Anderson & Terry Adkins

(Past member) — Thu, 12 Dec 2013 15:29:43 GMT

Congratulations to Kay Anderson on her recent defense victory. To read more about the matter, the information from DRI's publication is available on this website under Members/Verdicts and the categories of "Medical Malpractice", "Rheumatoid Arthritis" and "Statute of Limitations".

Congratulations to Terry Adkins on his recent defense victory. To read more about this matter, the information from DRI's publication is available on this website under Members/Verdicts and the category "Auto".

TDLA is more than happy to share your defense victories with the membership.

Defense Verdict

(Past member) — Fri, 04 Oct 2013 18:07:56 GMT

Congratulations to TDLA member, Jill Steinberg of Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Memphis, on her recent defense verdict in a medical malpractice wrongful death case relative to gastric bypass surgery. To learn more about this matter, please visit the TDLA's Members Only section.

Defense Verdict for Brad Gilmore --

(Past member) — Tue, 03 Sep 2013 13:57:46 GMT

Congratulations to TDLA member, Brad Gilmore, on his recent defense verdict in a civil rights case. For more information, please go to the Members section.

Defense Verdict for TDLA member, Katherine Anderson

(Past member) — Fri, 19 Jul 2013 17:16:26 GMT

Congratulations to TDLA member, Kay Anderson, on her recent defense verdict. To learn more about this medical malpractice/neurosurgery matter, please go to Members/Verdicts.