In this appeal, we examine the privilege provided under Tennessee Code Annotated section 68-11-272, commonly referred to as the quality improvement committee or “QIC” privilege, and its application. Plaintiff filed this healthcare liability action asserting that CHI Memorial Hospital and other entities and physicians were negligent in providing care for her husband, who passed away shortly after being discharged from the hospital’s emergency room. Defendants sought a protective order based on the QIC privilege to prohibit inquiry into a meeting held by the hospital and the decedent’s family. The trial court denied Defendants’ motion. On interlocutory review, the Court of Appeals affirmed, finding that statements made in the meeting were not protected by the QIC privilege. Defendants appealed, arguing that the information sought related to QIC activities and therefore was privileged from direct or indirect discovery. We hold the QIC privilege applied to statements made during the meeting that were based on information obtained during the QIC process, but Memorial waived the privilege when hospital management voluntarily disclosed that privileged information.

Retired U.S. Supreme Court Justice David Souter died Thursday at age 85. Appointed in 1990 by President George H.W. Bush, Souter gradually moved toward the court’s liberal wing and was part of the majority that upheld the essential holding of Roe v. Wade, which recognized a constitutional right to abortion, The Hill reports. He also sided with the court’s liberal justices on major issues including affirmative action and religion. Souter served on the court for more than 19 years before retiring in 2009. A graduate of Harvard Law School, he continued to hear cases on the 1st U.S. Circuit Court of Appeals by sitting by designation. “Justice David Souter served our court with great distinction for nearly 20 years,” Chief Justice John Roberts said in a statement. “He brought uncommon wisdom and kindness to a lifetime of public service.”

The TBA will host its annual Real Estate Essentials CLE virtually on June 18 from noon to 3 p.m. CDT. This introductory-level program is designed for those new to real estate law and will cover commonly used forms in real estate transactions, followed by a session on the purpose and process of conducting title searches. The event offers a practical foundation for attorneys looking to build their knowledge in this area of law. For more information and to register, visit TBA’s website.

A Texas man was convicted by a federal jury for making violent threats to lynch and kill Nashville District Attorney (DA) Glenn Funk. David Aaron Bloyed of Frost, Texas, was found guilty of one count of communicating a threat in interstate commerce after posting a series of graphic threats targeting Funk following the arrest of a member of the antisemitic Goyim Defense League during a 2024 protest in Nashville, according to a press release from the Department of Justice (DOJ). The posts included a photo of Funk with the caption “Getting the rope” and other imagery referencing lynching and antisemitic violence. Officials from the DOJ and FBI emphasized that such threats against law enforcement and public servants undermine the justice system and will not be tolerated. Bloyed faces up to five years in federal prison. The FBI Nashville Field Office and the Metropolitan Nashville Police Department are investigating the case.

Tennessee Attorney General Jonathan Skrmetti on Tuesday announced the official opening of the claims process to provide limited restitution to former patients of HRC Medical Centers, which deceptively advertised hormone therapy treatments. The Attorney General’s Office sued HRC in 2012, alleging the company made numerous misleading claims about its bioidentical hormone replacement therapy treatments. In 2017, the state obtained an $18 million judgment against HRC, and the office is now distributing the $1.5 million it has been able to collect to consumers harmed by the deception. Individuals who purchased treatments from HRC’s Tennessee locations in Nashville, Knoxville and Memphis may be eligible for restitution. More information about eligibility is available at this website. 

The Tennessee Supreme Court has ruled that the Quality Improvement Committee (QIC) privilege under state law is waivable. The decision came in a negligence lawsuit brought by Payton Castillo against CHI Memorial Hospital and other health care providers following the death of her husband. After his death, the hospital formed a QIC to evaluate the care he received and later disclosed QIC-protected information to Castillo during a meeting. When she sought to obtain those statements in discovery, the hospital argued they were privileged under the QIC statute, which shields records and statements related to QIC activities from disclosure. Both the trial court and the Court of Appeals found the information was discoverable, and the hospital appealed. The Tennessee Supreme Court held that while the disclosed information fell within the protections of the statute, the hospital waived its privilege by voluntarily sharing the information with Castillo.

Adams & Reese has announced the addition of attorneys Aubrey Harwell and Trey Harwell. They will be joined by two associates from the Neal & Harwell firm, which Aubrey co-founded in 1971. Trey will lead a new crisis management team at Adams & Reese, while Aubrey will lead the firm's white-collar criminal defense practice. Aubrey has practiced nationally in white-collar criminal defense for more than 50 years, while Trey has handled high-profile crisis management and major corporate matters for three decades. “The Harwell brand has been a staple in the Nashville legal community and beyond for over 50 years. We are honored to welcome Aubrey and Trey as they bring their practices to Adams & Reese,” Managing Partner Gif Thornton said in a press release. In an interview with the Nashville Business Journal, the Harwells discuss their decision to move firms and their excitement for the future and continuing to work together.

In this month’s episode of BarBuzz, TBA Executive Director Sheree Wright speaks with retired attorneys Jim Barry and Carl Seely about life after retirement, how retired legal professionals can continue serving their communities and ways to stay active during retirement. The conversation offers insights and inspiration for attorneys nearing the end of their legal careers or already in retirement. Past episodes of the BarBuzz podcast are available in the BarBuzz archive and the latest episode can be streamed directly here.

Make plans now to join colleagues from across the state at the TBA’s 2025 Annual Convention, set for June 11-14, at the Franklin Marriott Cool Springs. In addition to compelling CLE programs and leadership meetings, multiple social and networking events will provide opportunities to connect with colleagues. The convention gets underway Wednesday and will feature a welcome reception that evening. Thursday will begin with the Public Service Breakfast and University of Tennessee College of Law Breakfast, continue with the annual Bench/Bar Luncheon, and wrap up with a Bench/Bar Reception that will feature food, drinks, trivia and other games. Get ready for some friendly competition between lawyers and judges! Friday will feature a breakfast buffet and the annual Lawyers Luncheon, which will include a look back at TBA President Ed Lanquist Jr.'s year in office and the swearing in of new president Heidi Barcus. All events are included with the full convention registration. Watch for more information about individual tickets, which will go on sale June 2, coming soon.

A pro bono opportunity included in yesterday’s issue of TBA Today incorrectly stated that a veterans clinic would be held in Knoxville this month. The next veterans clinic will take place on June 11. The clinic is held every other month on the second Wednesday from noon to 2 p.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. Attorney and law student volunteers are always needed. Also in yesterday’s issue, the story about Nashville paying out settlement funds accidentally transposed the numbers in the amount. The metro government paid out $4.2 million in 2024.