Tennessee Defense

Lawyers Association

TDLA News

  • 18 May 2016 12:00 PM | Mary Gadd (Administrator)

    TDLA Membership Renewals will begin in June. Members will receive an emailed invoice. Regular Members are $200/ year and Young Lawyer Members are $100/ year (for the first three years of their young lawyer membership). TDLA Membership runs from July 1 to June 30.

    Those who have enjoyed a one year free Membership because of their DRI membership, will have the chance to become a paid Regular or Young Lawyer TDLA member.

    If you need an Invoice, please email TDLA Executive Director at office@tdla.net

    You may renew your membership through PayPal (please note a processing fee does apply), or by check. To use PayPal, please go to our website renewal page here.

    Checks may be made payable to "Tennessee Defense Lawyers Association" and sent to:
    TDLA
    P.O. Box 282
    Lookout Mountain, TN 37350


  • 28 Mar 2016 3:00 PM | Mary Gadd (Administrator)

    The TDLA community lost a beloved member of our organization recently. Brian Trammell, of Trammell, Adkins & Ward, PC in Knoxville, TN was a TDLA President (1997-98) and former DRI State representative. The TDLA community mourns his loss, and our thoughts are with the Trammell family, friends and law partners during this time.

    Brian Trammell was 58 years old and passed away Sunday March 27. Funeral Arrangements will be by Rose Mortuary Mann Heritage Chapel. Full obituary may be read by clicking here.

    www.rosemortuary.com

  • 22 Mar 2016 10:00 AM | Mary Gadd (Administrator)

    The TDLA Board and Meeting Chair Robert E. Carden of Leitner, Williams Dooley & Napolitan, PLLC cordially invite you to join us at the beautiful Sandestin Golf & Beach Resort for the Annual TDLA/ ADLA Joint Meeting on June 16-19, 2016. We will begin on Thursday night June 16 with a great networking opportunity with your fellow TDLA members, the Alabama Defense Lawyers Association and the Alabama Association for Justice.

    Friday morning, June 17th, we will have a Joint seminar with ADLA, hosting an ethics program, an interesting hour on self-driving cars, a crucial meeting addressing amendments to the Federal Rules of Civil Procedure, and much more! Saturday morning, June 18th, will be TDLA specific presentations. Attorney Peter Winterburn with Lewis Thomason will be speaking on an issue concerning the constitutionality of certain aspects of the Tennessee Health Care Liability Act currently on appeal. Consultant Aref Jabbour with Trial Consultants will speak on the best ways to address decreasing attention spans among juries. Attorney Sean Martin of Carr Allison will present an update on workers’ compensation and tort liability in Tennessee.

    Look for H otel Room R equest Form within this newsletter! Check our website for updated information & Registration coming in April.

  • 13 Dec 2015 10:00 AM | Mary Gadd (Administrator)

    On June 19, 2015, the United States District Court for the Western District of Tennessee issued a favorable opinion for the firm's clients enforcing an assisted living facility’s arbitration agreement.  In the case, the resident’s son, and attorney in fact through two powers of attorney, signed the arbitration agreement on behalf of his mother in the process of admitting her to an assisted living facility.  Hagwood Adelman Tipton healthcare attorneys, Rebecca Adelman, PLLC, along with an associate, represented the firm’s clients.

    Plaintiff argued that the alternative dispute resolution agreement (ADR) was not enforceable on multiple grounds, including the unavailability of the National Arbitration Forum (NAF) as the arbitration service provider and that the wrongful death beneficiaries were not bound by the ADR.  The court disagreed with each of Plaintiff’s arguments.  Of importance, the court relied heavily on the contract itself rather than analyzing extraneous factors and the circumstances surround the signing of the arbitration agreement.  The court followed the trend of numerous federal courts in finding that the unavailability of the NAF does not render the ADR unenforceable because it was not an integral term of the contract and could be severed based on clear terms within the ADR.

    The court also disagreed with Plaintiff’s argument that the wrongful death beneficiaries were not bound by the terms of the ADR.  Tennessee follows a hybrid approach to the wrongful death statute, which finds that there can only be one cause of action under the wrongful death statute and the cause of action belongs to the deceased.  The court held that since the wrongful death claim belongs to the estate/deceased, the beneficiaries must seek their damages in whichever forum the estate agreed to, including arbitration.  As the court acknowledged, this issue had not been clearly decided under Tennessee law and, thus, this opinion provides clear guidance for future cases.

    Of note, the court granted the motion to compel arbitration and dismissed the suit without prejudice.  In many cases, courts stay the proceedings pending the conclusion of arbitration.  Here, the court found that because all of Plaintiff’s claims are within the substantive scope of the ADR, all of the claims are subject to arbitration and dismissed Plaintiff’s claims without prejudice.

    The decision in this case is very important for enforcing future motions to compel arbitration.  Many of the issues decided in this opinion have been heavily debated in recent years and the court’s opinion provides clear guidance for future cases.
    Attorney Adelman filed a memorandum and two sur-replies, per the court’s instruction, to fully brief the court on all issues, including specifically the wrongful death beneficiaries’ issue.  The court’s order agreed with each of the arguments presented by defense counsel.  

  • 21 Oct 2015 8:00 AM | Mary Gadd (Administrator)

    To view the 2015 Tennessee Legislative Update, please click here

  • 19 Oct 2015 8:00 AM | Mary Gadd (Administrator)

    Tennessee Defense Lawyers Association recently held its 49th Annual Meeting in Chattanooga, Tennessee on October 1-3, 2015. During the awards dinner event, TDLA  hosted a Silent Auction in which items were donated, and bid on, to raise money for the Chattanooga Heroes Fund.

    Established in July of this year by Peyton Manning and his family in partnership with Senator Bob Corker, former mayor of Chattanooga, the fund supports the families of those servicemen who lost their lives or were wounded in the tragic shootings in Chattanooga on July 16.

  • 13 Sep 2015 6:00 PM | Mary Gadd (Administrator)

    TDLA would like to welcome its newest member Katie Lamb. Katie is an associate with the law firm of Trammell, Adkins and Ward, PC in Knoxville, Tennessee.

  • 31 Jul 2015 7:00 AM | Mary Gadd (Administrator)

    Kay Anderson, attorney with The Hardison Law Firm in Memphis, Tennessee, successfully defended a general surgeon in the state Circuit Court in a case involving a low anterior repair operation. The plaintiff was a morbidly obese woman who had six previous abdominal surgeries. She presented to the emergency department with severe pain caused by diverticulitis. After a period of time to rest the bowel, the physician and his resident performed the procedure. They were able to visualize the ureters and move them away from the line of surgery. They successfully reconnected the colon to the rectum. After an uneventful post-operative course the patient was discharged. She returned to the emergency department with complaints of flank pain and was diagnosed with an obstructed ureter. A second surgery was performed to deal with this obstruction whereupon it was discovered that the ureter was parallel to the anastomosis with a staple across the ureter. The second surgery was a success and the plaintiff suffered no kidney damage. She subsequently developed a deep vein thrombosis and a hernia. She filed the lawsuit claiming the stapling of the ureter caused damages. After a two week trial, the jury found the physician had complied with the recognized standard of acceptable professional practice and was not liable.

  • 05 Jul 2015 6:05 PM | Mary Gadd (Administrator)

    Forensic Pursuit provides vital, expert computer forensics services to attorneys, businesses, and individuals worldwide.  We collect, preserve, and analyze evidence in criminal and civil cases.  We also provide our clients with preventative forensics services and education on the legal and technical issues surrounding electronically stored information. 

    Contact is Steve Linn at steve.linn@forensicpursuit.com


  • 05 Jul 2015 6:00 PM | Mary Gadd (Administrator)

    It's a Great time to renew with TDLA! Membership runs from July 1 to June 30. We have educational events planned throughout the summer and fall. The Fall conference is planned for Oct 1-3 in Chattanooga. The Employment & Young Lawyers sections have been very active with planned webinars throughout the year! Make sure you check out our social pages for the latest updates and news from our members! Join Us!

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