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.

Ogletree, Deakins, Nash, Smoak...
401 Commerce Street, Ste. 1200
Nashville, TN 37219

Group Granted Class Action Status in HCA Lawsuit

Plaintiffs who filed a securities fraud case against HCA Holdings Inc., the Nashville-based hospital giant, on Monday were granted class-action status in a suit stemming from the company’s $4.3 billion initial public offering in 2011, the Tennessean reports. The claim, brought by New England Teamsters & Trucking Industry Pension Fund as lead plaintiff, alleges HCA failed to disclose the company was experiencing a decline in Medicare and Medicaid revenues and had improperly accounted for previous reorganizations in a “false and misleading” initial public offering registration statement. The list of defendants includes HCA’s top executives as well as several high-profile investment banks and a private equity group.

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Court Seeks Comments on Rule Change Package

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 suspend rules; requirements for electronic copies of transcripts; specification of the color of application responses and amici in TRAP 9 and 11 matters; and refinement of criminal contempt provisions. Four TBA sections — Appellate Practice, Litigation, Tort and Insurance Law, and Criminal Justice — will review the recommendations and propose comments on behalf of the association. Comments on the proposals are due Nov. 27.

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