CRITICAL REQUIREMENTS UNDER THE NEW HEALTHCARE ACT

November 1st, 2012   •   Comments Off on CRITICAL REQUIREMENTS UNDER THE NEW HEALTHCARE ACT   

On June 28, 2012, the U.S. Supreme Court released its highly anticipated decision upholding the constitutionality of the Patient Protection and Affordable Healthcare Act (the “Healthcare Act”) passed by Congress in 2010.  Now that the Court has spoken, employers should consider the compliance issues required by the Healthcare Act.  Three critical issues for employers are… Read More

New Limits on Late Addition of At-Fault Nonparties

November 1st, 2012   •   Comments Off on New Limits on Late Addition of At-Fault Nonparties   

Adding new defendants who are alleged to be comparatively at fault in civil cases just became more limited, based on a new Tennessee Supreme Court opinion.  Under Mills v. Fulmarque, Inc., the new nonparty must be alleged by a defendant who was itself named in a complaint or amended complaint filed within the original limitations… Read More

New Case and Statute Affect Agent’s and Insured’s Duties

November 1st, 2012   •   Comments Off on New Case and Statute Affect Agent’s and Insured’s Duties   

The Tennessee Supreme Court, in Allstate Insurance Co. v. Tarrant, recently discussed an insurance agent’s duties when obtaining coverage for a client. Allstate’s insured, Diana Tarrant, was involved in a collision while driving a van registered to Blue Ribbon Cleaning, Inc., a business owned by the Tarrants. Allstate contended that before the accident, Mr. Tarrant… Read More

Informed Consent: What Tennessee Law Requires

April 10th, 2012   •   Comments Off on Informed Consent: What Tennessee Law Requires   

Notions of consent relating to medical practice have existed for many years. The doctrine of consent in the context of medical practice derived from the principle that patients should have a right to control what happens to their bodies. For over fifty years, patients in Tennessee have been able to sue medical providers who perform… Read More

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