Appellate Practice Section

This is TBA’s newest section and was created by TBA leadership to provide members the opportunity to come together for the purposes of exchanging information and to provide CLE on appellate practice issues.

Bradley Arant Boult Cummings LLP
1600 Division Street, Suite 700
Nashville, TN 37203
Immediate Past Chair
Miller & Martin PLLC
832 Georgia Ave Ste 1200
Chattanooga, TN 37402

Court Determines Assignment of Insurance Proceeds Wasn’t Effective

The Tennessee Supreme Court has determined that a Nashville chiropractic clinic’s patient did not effectively assign his rights to insurance proceeds received from a third party’s insurance company. In an opinion written by Justice Jeffrey S. Bivins, the Court pointed out that the agreement’s language implies that the patient intended to assign proceeds from his own insurance policies, not proceeds from another person’s insurance. The AOC has the full opinion.

New Study Finds Court Leaning Left

The U.S. Supreme Court may finish this term with a greater percentage of liberal decisions than any since 1969, according to an article in The New York Times. Using data from The Supreme Court Database, which codes decisions on “widely-accepted” standards, the authors found that the court issued liberal decisions in 56 percent of the cases this term. “If that trend holds, the final percentage could rival the highest since the era of the notably liberal court of the 1950s and 1960s led by Chief Justice Earl Warren,” the authors write.

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