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Posted by: Azya Thornton on Feb 5, 2025

The trial court dismissed the appellant’s petition on a Tennessee Rule of Civil Procedure 12.02 motion. Because the appellant’s brief falls well short of the requirements of both the Tennessee Rules of Appellate Procedure and the rules of this Court, we dismiss the appeal.

Posted by: Azya Thornton on Feb 5, 2025

A husband and wife commenced this health care liability action by filing a complaint against a medical doctor and his practice. Along with their complaint, the couple filed a “Certificate of Good Faith” as required by Tennessee Code Annotated § 29-26-122(a), which requires certification that an expert has reviewed the available medical records “for the incident or incidents at issue” and that the expert believed there was “a good faith basis to maintain the action consistent with the requirements of § 29-26-115.” The original complaint alleged that the defendants caused severe permanent and physical injuries when they failed to properly diagnose and treat the husband’s cancer. After the husband died, the wife filed an amended complaint that alleged that the defendants’ negligence also caused the husband’s death. But the wife did not file a new certificate of good faith. For this reason, the defendants sought dismissal under Tennessee Code Annotated § 29-26-122(c). The trial court granted the motion, and this appeal followed. The issue is whether § 29-26-122(a) requires plaintiffs to file a new certificate of good faith with an amended complaint that alleges a new injury based on already-alleged negligent acts by existing defendants. In Sirbaugh v. Vanderbilt University, 469 S.W.3d 46 (Tenn. Ct. App. 2014) we held that a new certificate is required when adding new defendants to existing claims. And in Estate of Vickers v. Diversicare Leasing Corp., No. M2021-00894-COA-R3-CV, 2022 WL 2111850 (Tenn. Ct. App. June 13, 2022), we held that a new certificate is required when adding new allegations of negligence against existing defendants. Accordingly, we conclude that a new certificate is required when adding an injury based on existing claims against existing defendants. For this and other reasons, we affirm the trial court’s judgment in all respects.

Posted by: Azya Thornton on Feb 5, 2025

The Trial Court Vacancy Commission will consider five applicants when it meets March 11 in Chattanooga to select nominees for a circuit court judge vacancy in the 11th Judicial District, which covers Hamilton County. The applicants are Charles W. Gilbreath II, Christina R. Mincy, Jennifer K. Peck, Patrick Alan Wagner and William Matthew Wayne. The public hearing to consider applicants will be held at The Chattanoogan Hotel, 1201 Broad St., Chattanooga 37204 beginning at 9 a.m. EDT. Any member of the public may attend the public hearing and can express, orally or in writing, objections concerning any of the applicants. For more information, contact John Jefferson, assistant general counsel at the Administrative Office of the Courts, or call 615-741-2687.

Posted by: Azya Thornton on Feb 5, 2025

The TBA has released the February episode of its BarBuzz podcast, featuring a deep dive into the association’s advocacy efforts now that the Tennessee legislative session is underway. In this episode, TBA Executive Director Sheree Wright is joined by TBA lobbyists Berkley Schwarz and Ashley Harbin, who, along with Brad Lampley, lead the TBA’s legislative initiatives. The group discusses how the TBA identifies and addresses key legislative issues, with a focus on the current session’s proposals, which include adoption, family law and probate bills. They also explore the TBA’s role in defending against legislation that could impact the practice of law and highlight efforts to improve legal services for indigent clients. The conversation wraps up with insights on how TBA members can get involved in advocacy work during this crucial time. BarBuzz is a monthly show that recaps legal news, upcoming TBA events and more. It is available on the TBA’s website or wherever you listen to podcasts. Find past episodes in the BarBuzz archive.

Posted by: Azya Thornton on Feb 5, 2025

TBA’s annual ethics tradition returns with "Ethics Homeshow 2025: From Streaming to Screaming. The Most Unethical Highlights of Your Favorite Lawyer Show." Join ethics expert Brian Faughnan on Feb. 19 from 11 a.m. to 2 p.m. CST for this entertaining webcast that explores the most unethical moments in modern legal dramas available on streaming services. Faughnan will guide viewers through these fictional legal missteps while comparing them to Tennessee’s actual ethics rules. Spoilers are inevitable, but the lessons will be valuable. To register, visit TBA’s website.

Posted by: Azya Thornton on Feb 5, 2025

Salvatore "Sal" William Varsalona died Sunday at age 60. In 1993, Varsalona became an attorney and began his practice in Clinton, Tennessee. Varsalona was a longtime Anderson County resident and lawyer. He represented the Anderson County Board of Education and was a former city judge in Rocky Top, previously known as Lake City. A celebration of life will be held at 6:30 p.m. EST on Feb. 11 at Main Street Baptist Church in Rocky Top, where he was a longtime member. Memorial contributions may be made to a new youth facility at Main Street Baptist Church, P.O. Box 405, Rocky Top, TN 37769.

Posted by: Azya Thornton on Feb 5, 2025

TBA members were sent an email Friday with a ballot for the two candidates running for TBA vice president. The email was sent from Intelliscan Inc. If you did not receive the email in your inbox, please check your spam folder or with your firm’s IT administrator. If you still did not receive it, or have any other questions about the process, contact elections@tnbar.org. Electronic voting began Jan. 31 and will close on Feb. 14.

Posted by: Laura Labenberg on Feb 5, 2025

Attorney volunteers are needed on Feb. 19-20 and 24-25 from 5:30-7:30 p.m. EST to help score the District 5 high school mock trial competition. The competition will take place at the Hamilton County-Chattanooga Courts Building, 600 Market St. and Historic Hamilton County Courthouse, 625 Georgia Ave., Chattanooga, TN 37402. Click here to volunteer. Those who would like to volunteer at another district competition may find a list of all events on the TBA website.

Posted by: Azya Thornton on Feb 5, 2025

The U.S. Senate voted 54-46 on Tuesday to confirm Pam Bondi as the next attorney general, The Hill reports. She was sworn in today at a ceremony at the White House with U.S. Supreme Court Justice Clarence Thomas administering the oath of office. In comments today, Bondi pledged to "restore integrity to the Justice Department" and "fight violent crime throughout this country" and the world. In one of her first acts after taking office, Bondi called for the creation of a “weaponization working group” that will examine the work of special counsel Jack Smith, who charged Trump in two criminal cases, and review decisions to charge individuals connected to the Jan. 6, 2021, riot at the U.S. Capitol, the Associated Press reports.

Posted by: Azya Thornton on Feb 5, 2025

State House Majority Leader William Lamberth, R-Portland, and Senate Finance Chair Bo Watson, R-Hixson, filed legislation Tuesday that would allow local school districts and charter schools to opt out of enrolling undocumented children, Chattanoogan.com reports. According to the bill sponsors, HB793 aims to challenge Plyler v. Doe, a 1982 U.S. Supreme Court ruling that granted undocumented children the right to a free public education. The lawmakers say a 2019 analysis of U.S. Census Bureau data showed that about 128,000 undocumented immigrants were residing in Tennessee at the time, including approximately 10,000 children in public schools. In introducing the bill, Lamberth said, “The flood of illegal immigrants in our country has put an enormous drain on American tax dollars and resources. Our schools are the first to feel the impact." He concluded, "Our obligation is to ensure a high-quality education for legal residents first.”


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