TBA Law Blog

Posted by: Christy Gibson on May 27, 2015

The TBA has been contacted about a research assignment by a University of Tennessee law student intern for Senator Brian Kelsey, Chair of the Senate Judiciary Committee. They are looking for any information on the award of costs under TCA §20-12-119. New provisions were added to that section in 2012 which require the award of a broad array of costs following the grant of a TRCP 12 motion for failure to state a claim. The statute contains a strict set of conditions and limitations and an extensive set of exceptions. The TBA was instrumental in the enactment of the conditions, limitations and exceptions.

In order to address the request from Senator Kelsey's office, we would ask that you submit any instances that costs have been requested, granted or denied under the provision.  Please send all information to Christy Gibson at the TBA no later than June 3, 2015. 

Thank you in advance for your assistance!

Christy Gibson

TBA Tort & Insurance Section Coordinator