Legislative Update

The General Assembly is back in session and that means that more than a few items of interest will be considered in the next few months.  Here are some matters under consideration that will impact the legal system and the ability of Tennesseans to have access to justice. [Read more…]

Extraordinary Cause Found; MedMal Suit May Proceed

The recent Court of Appeals case of Betty Kirby v. Sumner Regional Medical Center offers an example of the rare instance in which “extraordinary cause” will be found to excuse non-compliance with the pre-suit notice requirement in a medical malpractice suit. [Read more…]

Legal Malpractice Case Reinstated; “Savings Statute” Applies to Tolling Agreement

The Tennessee Supreme Court recently issued its opinion in Circle C Construction, LLC. v.  D. Sean
Nilsen, 
resulting in the reinstatement of a professional negligence case against a law firm (commonly referred to as a “malpractice” claim).  The question in the case was whether a tolling agreement regarding the filing of suit precluded the later use of the “savings statute” that allows plaintiffs to re-file claims within a year after they are dismissed.  The Supreme Court determined that, in the absence of contractual language barring the savings statute, the plaintiffs were entitled to rely on it.

DPBC attorneys Donald Capparella and Elizabeth Sitgreaves were counsel of record on behalf of prevailing party Circle C. Construction.

Read the Tennessee Courts’ write-up here (which includes links to the opinion).