The American College of Trial Lawyers has released its latest white paper on the law of attorney-client privilege. Titled “Attorney-Client Privilege Update: Current and Recurring Issues,” the 50-page paper was compiled by the College’s Attorney-Client Relationships Committee, led by Joe Arellano of Portland, Oregon. The paper summarizes the law of attorney-client privilege, supporting its conclusions…
Where the trial court refused to give special jury instructions requested by plaintiff in a premises liability case, but the relevant issues were sufficiently covered in instructions that basically mirrored the Tennessee Civil Pattern Jury Instructions, the trial court did not err and the jury verdict for defendant was affirmed.…
In a case based on an altercation that occurred while a worker was attempting to recover an unreturned cable modem, defendant cable company filed a motion for summary judgment with supporting proof that the worker was an independent contractor of a separate entity. Because plaintiff failed to respond to defendant’s…
When a sheriff’s deputy delivered service of process to an office employee at a front desk, that employee and clinic had no duty to assist plaintiff in ensuring that process was served in the proper manner. In Koczera v. Steele, No. E2017-02056-COA-R3-CV (Tenn. Ct. App. Aug. 20, 2018), plaintiff had…
When a defendant files a motion “requesting the court to compel the plaintiff or his counsel to provide the court with a copy of the expert’s signed written statement that was relied upon in executing the certificate of good faith” pursuant to Tenn. Code Ann. Section 29-26-122 of the HCLA,…
Where a pipe could be altered but the expense to do so would be “considerable” and there were no indications that any alterations were intended, a nuisance claim based on the pipe was considered to be a permanent nuisance, meaning that the statute of limitations was three years “from the…
Where plaintiffs had attempted to communicate with a second expert and eventually obtained an affidavit from him, the Court of Appeals ruled that the trial court should have granted plaintiffs’ motion to alter or amend. In Harmon v. Hickman Community Healthcare Services, Inc., No. M2016-02374-COA-R3-CV (Tenn. Ct. App. June 29,…
When an additur changed a jury verdict from $300,000 to over $1.3 million, the Court of Appeals ruled that it destroyed the jury’s verdict. In Walton v. Tullahoma HMA, LLC, No. M2017-01366-COA-R3-CV (Tenn. Ct. App. June 7, 2018), plaintiff brought a health care liability and wrongful death claim after her…
When a plaintiff files a complaint within the statute of limitations but fails to have process issued and served within the required time parameters, an extension of time for service of process may be granted if a trial court finds excusable neglect. In Edwards v. Herman, No. E2017-01206-COA-R9-CV (Tenn.…
When a plaintiff refuses to comply with an order to submit to a medical examination under Rule 35 of the Tennessee Rules of Civil Procedure, the trial court may refuse to allow the plaintiff to introduce evidence of medical expenses at trial. In Prewitt v. Brown, No. M2017-01420-COA-R3-CV (Tenn. Ct.…