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COVID-19 Liability and Litigation

Reforms

Venue Reform: H.B. 2008/S.B. 1522 (2011); Amended Tenn. Code Ann. § 20-4-104.

Tennessee|2011

Outlines the venues where civil suits can be filed to

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Outlines the venues where civil suits can be filed to include the county where the claim accrued, where the defendant’s principal place of business is located or where the defendant’s registered agent is located. If the defendant does not have a registered agent in Tennessee, venue is proper in the county where the person designated by statute as the defendant’s agent for service of process is located. This provision seeks to prevent forum shopping and deviates from current law, under which a business can be sued in any county in which it has an office.

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Joint and Several Liability Reform: S.B. 56 (2013)

Tennessee|2013

Codifies current state law by providing that if multiple defendants are

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Codifies current state law by providing that if multiple defendants are found liable in a civil action governed by comparative fault, a defendant shall only be severally liable for the percentage of damages for which fault is attributed to such defendant by the trier of fact, and no defendant shall be held jointly liable for any damages.

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Joint and Several Liability Reform: McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992).

Tennessee|1992

Bans application of the rule of joint and several liability

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Bans application of the rule of joint and several liability in the recovery of all damages.

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Medical Liability Reform- Frivolous Lawsuit Reduction: S.B. 2001 (2008)

Tennessee|2008

Requires any person asserting claim for medical negligence to give

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Requires any person asserting claim for medical negligence to give written notice to each alleged negligent healthcare provider at least 60 days before filing suit.

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Challenged and Upheld

Williams v. SMZ Specialists, P.C., 2013 WL 1701843 (Tenn. Ct. App. Apr. 19, 2013).

Healthcare Liability: H.B. 2008/S.B. 1522 (2011)

Tennessee|2011

Healthcare Liability – Amends existing Tennessee medical liability laws to replace

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Healthcare Liability – Amends existing Tennessee medical liability laws to replace the term “medical malpractice” with “health care liability action” and expands the definition of “health care provider,” to expressly include nursing homes, assisted living facilities, mental health centers, pharmacists and employees of these individuals and entities within the ambit of medical liability laws.

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Unchallenged

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Products Liability Reform: Regulatory Compliance: HB 2008 / SB 1522 (2011).

Tennessee|2011

Prohibits the award of punitive damages against the seller of

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Prohibits the award of punitive damages against the seller of the product, with certain exceptions, and prohibits the award of punitive damages against drug or device manufacturers when the product was manufactured in accordance with relevant Federal law, with certain exceptions. Prohibits the award of punitive damages when the defendant was in compliance with relevant federal and state regulations setting forth specific standards applicable to the activity in question to protect a class of persons or entities that includes the plaintiff.

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Products Liability Reform: Innocent Seller: HB 2008 / SB 1522 (2011).

Tennessee|2011

Prohibits products liability lawsuits against a retailer unless it exercised

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Prohibits products liability lawsuits against a retailer unless it exercised substantial control over the design, manufacture, packaging or labeling of the product, altered the product, gave an express warranty or the manufacturer is insolvent or not subject to process in Tennessee.

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Punitive Damages Reform: S.B. 222 (2013)

Tennessee|2013

Authorizes the award of punitive damages in a civil action

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Authorizes the award of punitive damages in a civil action against a defendant based on vicarious liability only if the finder of fact determines by clear and convincing evidence that the act or omission was committed by a person employed in a management capacity while that person was acting within the scope of employment, the defendant was reckless in hiring or retaining the agent or employee, and the defendant authorized or approved the act with knowledge or conscious disregard that the act may result in the loss or injury.

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Punitive Damages Reform: HB 2008 / SB 1522 (2011); Amended Tenn. Code Ann. § 29-39-104.

Tennessee|2011

Limits punitive damages to two times compensatory damages or $500,000,

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Limits punitive damages to two times compensatory damages or $500,000, whichever is greater. The limits on punitive damages do not apply if the defendant acted with intent to harm, falsified records or acted under the influence of drugs or alcohol.

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Challenged and Upheld

Lindenberg v. Jackson Nat’l Life Ins. Co., Case No. 2:13-cv-02657-JPM-cgc (W.D. Tenn. Sept. 28, 2016)

Miscellaneous

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Asbestos Litigation Reform / Over-Naming

Tennessee|2021

A plaintiff filing an asbestos action after July 1 must

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A plaintiff filing an asbestos action after July 1 must file, within 30 days of any complaint, an information form attested by plaintiff stating the evidence that provides the basis for each claim against each defendant and include supporting documentation. Plaintiffs have a continuing duty to supplement the required disclosures. The court, on motion by a defendant, shall dismiss a plaintiff’s asbestos action without prejudice as to any defendant whose product or premises is not identified in the required disclosures. In addition, absent consent of all parties, asbestos cases may be joined for trial only if the cases relate to the exposed person and members of that person’s household. Tennessee had banned on joinder of nonmalignant asbestos disease claims at trial; that ban has been extended to all asbestos cases.

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Unchallenged

Consumer Protection Act Reform: H.B. 2008/S.B. 1522 (2011)

Tennessee|2011

Amends the Tennessee Consumer Protection Act (“TCPA”) as follows: eliminates

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Amends the Tennessee Consumer Protection Act (“TCPA”) as follows: eliminates a private right of action for actions based on the sale or marketing of securities, since those claims are governed by state and federal securities laws; provides that only the Attorney General may pursue actions under the “catchall provision” of the TCPA on behalf of Tennessee consumers; prohibits the award of punitive damages for an unfair or deceptive act or practice if the judge awards treble damages and attorney fees; and prohibits class actions from being brought under the consumer fraud statute and makes other changes to the consumer fraud statute.

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Unchallenged

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Tennessee’s opioid crisis requires legislative changes, not more lawsuits

In The News

State Attorney General Herbert Slatery shouldn’t be able to hire outside counsel to pursue his litigation against Walgreens without disclosing any of the contract details to the state’s taxpayers.

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COVID-19 Liability and Litigation

Appeal Bond Reform

Class Action Reform

Forum and Venue

Joint and Several Liability

Judgement Interest Reform

Medical Liability Reform

Noneconomic Damages Reform

Product Liability

Punitive Damages

Miscellaneous

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Tennessee’s opioid crisis requires legislative changes, not more lawsuits