Litigation Section

This section provides the trial attorney with information on the most recent trends in trial techniques through annual seminars and its newsletter. The section currently produces a quarterly case update to the members of the section.

Burch, Porter & Johnson PLLC
130 N. Court Ave
Memphis, TN 38103

Rule Change Package Released for Review, Comment

The Tennessee Supreme Court has published the annual package of recommendations from the Advisory Commission on Rules of Procedure and Evidence. Proposals include new authority for appellate courts to dismiss appeals; provisions permitting electronic signatures in courts employing electronic filing; clarification of the effect of service of process on commencement of actions; adoption of the term preliminary hearing in lieu of preliminary examination in criminal procedure; and, refinement of procedure for correction of illegal sentences in criminal cases. The are no evidence rules changes proposed this year. A 90-page comprehensive restructuring and revision of the Rules of Juvenile Procedure is also included.

Six TBA sections -- Appellate Practice, Litigation, Tort and Insurance Law , Family Law, Juvenile and Children’s Law and Criminal Justice -- will be asked to review the proposed amendments and recommend comments on behalf of the association. Comments on the proposals are due to the Court by November 25, 2015.

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NLRB: Companies Can Be Liable for Actions of Franchises

The National Labor Relations Board today ruled 3-2 that companies can be held liable for labor violations committed by franchises and contractors, the Washington Examiner reports. "With more than 2.87 million of the nation's workers employed through temporary agencies in August 2014, the board held that its previous joint employer standard has failed to keep pace with changes in the workplace and economic circumstances," the board said.

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