Civil Procedure (TN)

Affirmative Defenses Require More in Tennessee

Sep 30th, 2009 | By Ed Wallis | Category: Civil Procedure (TN)

A new decision of the Tennessee Court of Appeals makes it clear that Tennessee Rule of Civil Procedure 8.03 means what it says.  In Allgood v. Gateway Health Systems,  No. MC-CC-CV-MA-06-391 (Tenn. Ct. App. Sept. 22, 2009), the Court held that a defendant who asserted an insufficiency of process defense that was lacking in any supporting facts could not use [...]



Tennessee Supreme Court issues new opinion on comparative fault

Sep 30th, 2009 | By Ed Wallis | Category: Civil Procedure (TN), Medical Malpractice

The Tennessee Supreme Court has ruled that a plaintiff who lost a medical malpractice case in federal court was not prevented from bringing another lawsuit against a doctor employed by the state, even though the jury in federal court assigned no fault to the non-party physician in the federal court case.
The Court held:
We have determined [...]