A story in Friday's issue of TBA Today incorrectly referred to the parties in a Tennessee Supreme Court opinion about the state Consumer Protection Act as being married. In fact, the two individuals are not related and have separate claims pending against hospitals in the state.

The Tennessee Supreme Court has approved a proposed plan submitted by judges in the First Judicial District, which will allow the courts to begin hearing in-person cases on May 4. The only modification the court made to the plan was to ensure that there are no more than 10 people — exclusive of judge, court personnel and court security — in a courtroom at any one time. The judges report that this will require staggering of cases and dockets. Other policies to be observed include no spectators or family in the courthouse and witnesses remaining outside the courtroom or courthouse, depending on the volume of each docket.

The Tennessee Supreme Court in a unanimous decision today held that the Tennessee Consumer Protection Act applies to claims arising out of the business aspects of a health care provider’s practice. The decision overturns both the Court of Appeals and the Madison County Circuit Court, which had ruled that health care providers were not subject to the act. The case centered on two individuals who were treated for auto accident injuries at two Tennessee hospitals. Rather than applying their health insurance benefits to their bills, the hospitals filed liens for the full amount of the bills. Both patients argued that action was an unlawful business practice. The court’s decision allows them to continue with their suits.

The Tennessee Supreme Court today clarified that a trial court is required to charge a jury on self-defense only when the issue has been fairly raised by the proof at trial. In a unanimous opinion, the Supreme Court held that the trial court, not the jury, must make the threshold determination of whether self-defense has been fairly raised by the proof. Read the unanimous opinion in State v. Antonio Benson authored by Justice Roger A. Page.

A majority of the Tennessee Supreme Court ruled today that plaintiffs who provided defendants with medical authorizations lacking three of the six core elements required by the federal Health Insurance Portability and Accountability Act (HIPAA) failed to substantially comply with a Tennessee law requiring pre-suit notice in health care liability actions. As a result, the court dismissed the plaintiffs’ lawsuit as untimely. Justice Holly Kirby filed a separate opinion dissenting in part from the majority opinion. Read more from the court.

The Tennessee Supreme Court today upheld the Chancery Court of Davidson County’s decision to suspend Nashville attorney George H. Thompson III. After filing a nonsuit on behalf of a client, Thompson failed to refile his client’s case in a timely manner, resulting in the personal injury claim being barred by the statute of limitations. Thompson later paid the client to settle their malpractice claim against him, but failed to advise the client that they should seek independent legal counsel in reaching a settlement. The Board of Professional Responsibility imposed a one-year suspension, with 30 days active suspension and the remainder served on probation, which the Chancery Court later affirmed. The Supreme Court today concluded that Thompson failed to show that the imposed sanction was inappropriate. Read the unanimous opinion in George H. Thompson, III v. Board of Professional Responsibility of the Supreme Court of Tennessee or view the BPR's press release.

The Tennessee Supreme Court today extended deadlines and limits on in-person court proceedings. The order limits in-person proceedings through May 31 and jury trials through July 3. It also directs the judges in each judicial district to develop a comprehensive written plan to either (1) gradually begin conducting in-person court proceedings (other than jury trials) in some non-emergency matters or (2) continue to abide by the court’s guidelines and restrictions set forth in the March 25 order. In addition, the order encourages usage of electronic signatures and remote notaries and asks courts not to issue eviction orders and to limit any new garnishments. Finally, deadlines set forth in court rules, statutes, ordinances, administrative rules, orders of protection or temporary injunctions set to expire before May 31 have been extended through June 5, with some limited exceptions. Read the full order.

Faith leaders, mental health providers and legal community leaders gathered online this week for the 2020 Tennessee Faith and Justice Summit. Participants considered the ways faith and justice intersect and learned about free legal resources available to better serve Tennesseans in need. Knoxville attorney and Access to Justice Commission Chair Bill Coley commended the “dedication, energy and creativity” of the individuals and organizations focused on “practical solutions geared at helping the faith and legal communities join together to help people in need.” Joining Coley in presenting were Tennessee Supreme Court Justice Cornelia Clark and Administrative Office of the Courts Director Deborah Taylor Tate, among others. The event, held in conjunction with #Help4TNDay, was co-sponsored by the Beecken Center of the School of Theology at the University of the South, the University’s Office of Civic Engagement, and the Supreme Court’s ATJ Commission’s Faith and Justice Alliance.

The TBA filed a petition with the Tennessee Supreme Court today requesting a modification to Rule 13 to allow interim billing by appointed counsel providing indigent representation in non-capital cases. “The TBA appreciates the Court’s successful efforts to date and its ongoing pursuit of additional recurring funding for court appointed counsel," TBA President Sarah Sheppeard said of the filing. "The recent suspension of in-person proceedings due to the public health crisis, however, requires additional action for attorneys who now more than ever need to be compensated on an interim basis for work they have already completed on cases.” The TBA asks attorneys and associations who support this effort to reach out to the Court when the comment period opens. 

The Tennessee Supreme Court today issued three orders regarding the administration of the annual registration form and fee, the professional privilege tax and the interest on lawyers’ trust accounts (IOLTA) program. The first order amends Supreme Court Rule 9, Section 10 to make changes to the filing of the annual registration form, add a $5 fee for filing an annual registration by mail, clarify rules for active military, and require attorneys to complete all delinquent registration requirements before being reinstated. The second order amends Rule 9, Section 26 to make several changes to how the professional tax is administered. The third order amends Rule 43 to make changes to the process for seeking reinstatement from an administrative suspension for noncompliance with IOLTA requirements.