TENNESSEE REFORMS

Appeal Bond Waiver Reform: SB 1687 (2003).  Limits the amount a defendant can be required to pay to secure the right to appeal to $75 million.

Joint and Several Liability Reform: McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992).  Bans application of the rule of joint and several liability in the recovery of all damages.

Medical Liability Reform: Collateral Source Reform: Tenn. Code Ann. § 29-26-119.  Provides for economic damages to be offset in medical liability cases by collateral sources, except for sources including the assets of the plaintiff and the immediate family, or insurance purchased by the plaintiff in whole or in part. 

Medical Liability Reform: Contingent Fee Reform: Tenn. Code Ann. § 29-26-120.  Requires a judge to award contingent fees in medical liability cases not to exceed 33.3%.

Obesity Litigation Reform: SB 2379 (2004).  Exempts from civil liability manufacturers, distributors, sellers or advertisers of food [as defined in Section 201(f) of 21 U.S.C. 321(f)] when the claim is for weight gain, obesity, or other conditions resulting from the long-term   consumption of food.  The civil liability exemption does not apply if the claim is based on a material violation of state or federal law with respect to adulteration or misbranding.  The liability exemption also does not apply if the claimed injury is for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the violation was committed knowingly and willfully.  Provides that discovery and other proceedings shall be stayed during a motion to dismiss. 

Punitive Damages Reform: Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992).  Requires a plaintiff to prove punitive damages by “clear and convincing” evidence.

Silica Litigation Reform: S.B. 3539 (2006).  Establishes minimum medical criteria for the filing of silica cases.  Requires a claimant to submit a written report from a qualified medical authority within 30 days of filing a silica complaint.  Allows for premises liability reform.