The Tennessee Supreme Court has ruled that the Tennessee Health Care Liability Act applies to a lawsuit based on theories of medical battery and intentional misrepresentation against health care providers for injuries arising from a surgical procedure. The justices unanimously agreed in Donna Cooper et al. v. Dr. Mason Wesley Mandy et al. that, under the language of the act, it applies to all claims alleging that a health care provider caused an injury that related to the provision of health care services, regardless of the theory of liability. Read more on the case and the high court’s ruling from the Administrative Office of the Courts.

The Tennessee Supreme Court yesterday appointed five individuals to two of its commissions. First, it appointed Court of Appeals Judge Carma McGee to the Advisory Commission on the Rules of Practice and Procedure effective today. She replaces Court of Appeals Judge Steven Stafford. The court also appointed four new members to the Access to Justice Commission. They are: Sara E. Barnett with Spragins, Barnett & Cobb in Jackson; Lindsay Frilling with the Obion County Joint Economic Development Corporation in Union City; Adolpho A. Birch III, chief legal officer for the Tennessee Titans in Nashville; and Kendra Mansur with the Tennessee Valley Authority in Chattanooga. They replace J. William “Bill” Coley, Mary Jo Middlebrooks and Beverly Watts, who are not eligible for reappointment, and Sean Hunt who died. The new members will take their seats April 1. Read more about the appointees.

The Tennessee Supreme Court today dismissed a lawsuit brought by a Florida resident whose husband was injured in a car crash with a Tennessee Department of Transportation truck. Steven Kampmeyer filed written notice of a claim against the State with Tennessee’s Division of Claims and Risk Management, alleging the TDOT employees were negligent. The claim was not settled and was transferred to the Tennessee Claims Commission. Kampmeyer there filed a formal complaint, which included a claim by his wife for loss of consortium. The Commission dismissed Mrs. Kampmeyer’s claim because she did not give written notice within a year of the injury and the decision was upheld by the state Court of Appeals. The decision was appealed to the state Supreme Court, which affirmed the complaint’s dismissal because Mrs. Kampmeyer’s claim was not in her husband’s original written notice. Read more from the Administrative Office of the Courts.

Tennessee Gov. Bill Lee today announced the appointment of Sarah K. Campbell to the Tennessee Supreme Court to fill a vacancy created by the death of Justice Cornelia A. Clark. Her nomination must be approved by the General Assembly. Campbell currently serves as the state’s associate solicitor general and special assistant to Attorney General Herbert H. Slatery III. In that role she has represented Tennessee before the state Supreme Court, the U.S. Courts of Appeals and the U.S. Supreme Court. She previously worked for Williams & Connolly LLP in Washington, D.C. Campbell earned a bachelor’s degree at the University of Tennessee and both a master’s degree in public policy and a law degree at Duke University. Following law school, she clerked for U.S. Supreme Court Justice Samuel A. Alito Jr. and Judge William H. Pryor Jr. of the 11th Circuit Court of Appeals. The Tennessee Journal has additional information about Campbell’s career.

A Supreme Court Advancing Legal Education for Students (SCALES) event was held by the Tennessee Supreme Court recently at Columbia Central High School, the alma mater of Justice Holly Kirby. For SCALES, the high court held oral arguments in two pending cases in front of an auditorium full of high school students from the region, who had studied the cases in advance. During deliberations, students were able to have a Q&A with attorneys from the cases before having lunch with the justices. During lunch, the high school surprised Kirby by presenting her with a plaque recognizing her as an Outstanding Distinguished Alumna. The City of Columbia then designated the day as Justice Holly Kirby Day, and presented Justice Kirby with a proclamation signed by Columbia Mayor and attorney Chaz Molder. Kirby called the honor “incredibly moving.” The Administrative Office of the Courts has more on the story.

The Tennessee Supreme Court is set to once again hear arguments over Gov. Bill Lee’s school voucher program, the Tennessean reports. Chief Justice Roger Page announced the rare move in a signed order last week, setting Feb. 24 as the date the court will rehear the case. "Upon due consideration, and in light of the untimely death of Justice Cornelia A. Clark, this Court has concluded that re-argument will aid the resolution of this appeal," Page wrote. Clark passed away in September after the high court had heard arguments in the case, but before a ruling was made. The court has appointed Tennessee Court of Appeals Judge Thomas R. Frierson II to fill out the panel. Page wrote that Frierson was added "in the interest of the efficient and orderly administration of justice." The Tennessean writes that the addition of Frierson indicates the justices are tied 2-2 on the issue.

Tennessee Supreme Court Justice Sharon G. Lee this month honored three state employees for their years of service in the Tennessee Appellate Court’s Eastern Division. Becky Doyle (20 years), Francesa Kraft (10 years) and Andy Whaley (10 years) were presented with awards at the celebration, which also included Jim Hivner, Clerk of the Appellate Courts, and members of the Knoxville Appellate Court Clerk’s Office. Doyle and Kraft work in the Appellate Court Clerk’s Office in Knoxville. Whaley is senior clerk to Court of Appeals Chief Judge D. Michael Swiney. The Administrative Office of the Courts has more on the ceremony.

The Tennessee Supreme Court today issued an order amending Tennessee Supreme Court Rule 8, RPC 7.6 and Rule 44, dealing with attorney use of an “intermediary organization” to connect with prospective clients. The court solicited comments on proposed changes to the rules on Sept. 1 and received suggested revisions from the Tennessee Board of Professional Responsibility and the Tennessee Bar Association (TBA). The TBA supported the court’s proposed deletion of Tennessee Supreme Court Rule 44 and amendments to Tenn. Sup. Ct. R. 7.6 and suggested one edit. Upon consideration of the comments, the court concluded that the suggestions were well-taken and adopted them today as part of the larger package. The revisions will be effective Jan. 1, 2022.

The Tennessee Supreme Court has adopted four proposed rules amendments. Amendments to the Rules of Appellate Procedure, Rules of Civil Procedure, Rules of Criminal Procedure and Rules of Evidence are all subject to approval by the Tennessee General Assembly.

A recent TBA Today item on new appointments to the Tennessee Board of Professional Responsibility misidentified state Sen. Richard Briggs' district. He represents District 7, which is a part of Knox County.