Compromise reached on medical malpractice

The state Senate Judiciary Committee today revived and sent to the Senate floor, legislation that is said to represent "an uncomfortable compromise" between the parties. The compromise will be offered in the form of an amendment, which will replace the text of the original bill. The draft amendment requires records to be available within 30 rather than 10 days; provides for early notice that a claim may be made; calls for certification by a medical expert that the case or a defense has merit or that more information is needed; relaxes rules on medical record confidentiality; and enhances sanctions for filing a medical malpractice action without a certificate. Read the Nashville Post's story on the compromise or download the draft amendment:

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Court: TCA


Clifford E. Wilson of Madisonville, Tennessee for Appellants, Federated rural Electric Insurance Exchange and Fort Loudoun Electric Cooperative

W. Stuart Scott and Autumn L. Gentry of Nashville, Tennessee for Appellees, William R. Hill and Suzann C. Hill


Employer and its insurer filed suit against employee for fraud in the procurement of workers' compensation benefits. Employee and his wife filed a counter-complaint alleging intentional infliction of emotional distress. retaliatory discharge and loss of consortium. The trial court dismissed the counter-complaint for failure to state a claim. Employee sought to amend the counter-complaint to add procurement of breach of employment contract and a tortious interference claim against the insurer. The trial court also denied these claims. Employee and his wife appeal. We reverse in part, affirm in part, and remand.


Court: TCA


P. Robert Philp, J., Brentwood, Tennessee, for the appellants, Joan Frye and John Frye

Matthew C. Lonergan and Karyn C. Bryant, Nashville, Tennessee, for the appellees, St. Thomas Hospital, St. Thomas Health Services, Catherine Doyle, and Seton Corporation

Judge: CAIN

Employee and Husband filed action against hospital and other related persons and entities alleging various claims arising from employee's employment with hospital including claims for hostile work environment, age discrimination, constructive discharge, retaliation, wrongful discharge, and aiding and abetting. Hospital filed motion for summary judgment which was granted by the trial court, dismissing all of Plaintiffs' claims. Plaintiffs appealed. We affirm the decision of the trial court in all respects.


Court: TCA


David B. Hamilton, Knoxville, Tennessee, for the appellant, Ronald Ray Stoner

Bradley L. Henry, Knoxville, Tennessee, for the appellee, Tiffany Denise Stoner Morgan

Judge: KOCH

This appeal involves a mother's efforts to invoke Tenn. Code Ann. section 36-5-3003(2005) to transfer a post-divorce custody dispute from the Sumner County General Sessions Court to the Circuit Court for Knox County. The general sessions court ordered the case to be transferred but granted the father permission to appeal to this court pursuant to Tenn. R. App. P. 9. We concur with the general sessions court that this is a proper case for an interlocutory appeal. We have also determined that the trial court's order transferring the case to Knox County must be reversed because the children have not resided in Knox County for at least six months as required by Tenn. Code Ann. section 36-5-3003(b).

State Representative on Board of Tellico Reservoir Development Agency

TN Attorney General Opinions

Date: 2007-03-26

Opinion Number: 07-36

Assessor's Authority to Reduce Assessment

TN Attorney General Opinions

Date: 2007-03-26

Opinion Number: 07-37


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WLMT reports on Horton's career
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Check it out here
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Legislative News
Lien law bill approved by subcommittee
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Learn more about the bill
Exclusionary rule bill postponed
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Read the bill
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Art Stolnitz, a University of Tennessee College of Law graduate and longtime supporter, died Thursday, March 22, in Palm Desert, Calif.
Read more about Mr. Stolnitz and his support of UT Law
Author to speak on GITMO releases
Author and attorney Brandt Goldstein will speak tomorrow evening at the Nashville office of Bass Berry & Sims PLC (315 Deaderick Street, Suite 2700) on his book "Storming the Court: How a Band of Yale Law Students Sued the President -- And Won." The book tells the true story of law students and human rights lawyers who won the release of 300 Haitian refugees held at Guantanamo Bay, Cuba. Sponsored by the Nashville Chapter of the American Constitution Society, the event is open to the public and begins at 5:30 p.m. For more information contact Juan G. Villasenor at (615) 479-0383.

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