VOLUME VI, ISSUE IX SEPTEMBER 2019

Tennessee Defense Lawyers Association

NEWSLETTER

TDLA Annual Meeting Recap

TDLA held its 53rd Annual Meeting at the Hyatt Place in Knoxville last week. We thank our conference co-chairs Devin Lyon with Arnett, Draper & Hagood, Derek Mullins & Chancey Miller with Carr Allison and Andrew Tucker with Egerton, McAfee, Armistead & Davis in procuring the great line up of speakers and making this meeting so wonderful.

TDLA congratulates our 2019 “Defense Lawyer of the Year” Sean W. Martin with Carr Allison and recipient of our 2019 “Rising Star” award, Melissa B. Carrasco with Egerton, McAfee, Armistead and Davis. Feedback from attendees and photos are below!

“It was a star-studded line up of speakers!”

�“Seminar materials address relevant & current issues plus the speakers are tops in our

industry. The extracurricular activities are extremely fun and the camaraderie & fellowship establish life-long professional relationships. So glad I attended the 2019 annual

meeting and banquet!”

�”The young lawyers boot camp gave young lawyers the opportunity to interact with and

learn from experienced lawyers and judges in a small group setting.”

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Sean W. Martin 2019 TDLA Defense Lawyer of the Year

Melissa B. Carrasco 2019 TDLA Rising Star

Conference Co-chairs pictured with Chief Justice Sharon Lee, Honorable Deborah Stevens and Honorable Pamela Reeves

TDLA Past Presidents picture taken at the 2019 Past President’s Reception on the Hyatt Place Rooftop.

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President Elect Heather Douglas, DRI State Rep Cate Dugan, Immediate Past President Lynn Lawyer and Meg Crawford.

TDLA Dine Around option at JC Holdway restaurant in Knoxville.

TDLA for Life Walk participants.

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TDLA NEWSCase to Watch! - The Professional Negligence and Healthcare Section co-chairs Drew Reynolds and Chris Vrettos have brought to TDLA’s attention the Bidwell v. Strait case. Tennessee Court of Appeals issued an opinion last week that might be of interest to attorneys in the Professional Negligence and Health Care Section. For a PDF of the opinion go to our homepage under “News”, Bidwell v. Strait et al., click here.  

Bidwell appears to be the first appellate opinion to address the “notice back” provision set forth in Tenn. Code Ann. § 29-26-121(a)(5). Among other things, Bidwell holds that the onus is no longer solely on the claimant to identify all necessary parties to a health care liability action; rather, based on § 29-26-121(a)(5), a defendant may not withhold the identity of a known or necessary person, entity, or health care provider who may be a properly named defendant.   Although Bidwell involved issues relating to the Governmental Tort Liability Act that will

not arise in most health care liability actions, the plaintiffs’ bar may seize on the above-referenced language from the opinion in order to argue that defendants must provide written notice of any persons, entities, or health care providers who may be properly named defendants within 30 days of receiving pre-suit notice in all health care liability actions. Based on the holding of Bidwell, however, the scope of the obligation imposed on such defendants is not entirely clear. Accordingly, it would be worthwhile for attorneys representing defendants in health care liability actions to review this opinion and monitor any potential appeal, as well as Tennessee courts’ interpretation of § 29-26-121(a)(5) going forward.

Rule 26 Request - The Tennessee Supreme Court is seeking written comments concerning recommended amendments from the Advisory Commission on the Rules of Practice and Procedure.  Specifically, the Commission has recommended an amendment to Rule 26 of the Rules of Civil Procedure which would require initial disclosures in state court.  TDLA would appreciate receiving your comments regarding the proposed rule change so that we can draft a comment to submit on behalf of our membership.  The deadline to submit comments is December 13.  If you would like to also send your comments directly to the Commission, you can e-mail them to appellatecourtclerk@tncourts.gov or mail them to James Hivner, Clerk, Re: 2020 Rules Package, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.Order may be seen on our website by clicking here.

Amicus Requests - Do you know of legislation in Tennessee that may be favorable for TDLA to file an Amicus Brief? Let Us Know! Contact office@tdla.net and our Board will consider all requests.

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TDLA Upcoming Events

January 24-25, 2020 - TDLA Trial School, Nashville, TN *Registration NOW OPEN- Limited to 12 participants* Don’t miss this excellent opportunity to refine your litigation skills! Tennessee Defense Lawyers Association Trial School will give young lawyers the opportunity to learn from an outstanding faculty consisting of seasoned TDLA members with significant trial experience. The TDLA Trial School will include classroom instruction as well as an opportunity for participants to conduct a trial from a NITA problem, including voir dire, opening statements, direct and cross examination of witnesses, introducing exhibits (including use of technology in the courtroom), and closing arguments. Prior to the Trial School, participants will be assigned a mentor and attend a "pre-trial conference" approximately two weeks prior to the school. The Trial School will take place at the Doubletree hotel downtown and the Davidson County Courthouse. Participants will receive feedback regarding their trial presentations from judges and coaches and will get actual jury verdicts at the end of their trials.

Registration Fee is $495/ pp. To register click here or visit our website under “Events”.

Agenda (as of September 19, 2019) Friday January 24 - ClassDoubletree Downtown Nashville 9:00am-10am Registration10:00am-11am Voir Dire, Opening/ Closing  11:00-noon Direct and Cross-examination12:00-1pm Lunch1:00-2:00pm Introducing exhibits, including use of technology in the courtroom and using technology with exhibits Afternoon- meet with your assigned group Saturday January 25 - TrialsDavidson County Courthouse 7:30am-8:00am Continental Breakfast 8:00-8:30am Courtroom set up/ Pre-trial Conference 8:30am-9:00am Jury Reports/ Voir Dire 9:00am-9:30am Opening Statements 9:30am-noon Plaintiff first, second and third witnesses 12:00-1:00pm Lunch 1:00pm-3:15 Defense first, second and third witnesses 3:15pm-3:45pm Closing arguments 3:45-4:15pm Jury deliberations, participant discussions, out of jury presence, etc. 4:30pm Verdict/ Adjourn

Hotel Information: TDLA has a room block reserved under the rate of $209/ night for Friday night only at the Doubletree Downtown Nashville. You may make a reservation by calling 1-800-222-8733. It is under "TDLA" room block.

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