TDLA News

TDLA was presented the Rudolph A. Janata award at the DRI Annual Meeting in San Francisco, CA earlier this month. The award is presented to an outstanding state & legal defense bar organization that has undertaken an innovative or unique program contributing to the goals and objectives of the organized defense bar. We are honored to receive this national award, and we recognize all TDLA leadership, past and present, who have tirelessly volunteered their time to achieve this honor! 

Onwards and upwards! 

The 2019 TDLA Sponsorship package is now available. 2019 sponsorships run from January 1, 2019 to December 31, 2019. Get in on a full year of visibility with a national award winning organization and over 500 TDLA members!

Click here to view the 2019 sponsorship package. 

TDLA has scheduled a trial school CLE program for January 25 and 26 in Nashville.  The first day, Friday, January 25, will feature presentations on trial techniques in a traditional CLE setting.  The second day will be a mock trial using a NITA problem with judges, jurors, and attorney mentors participating in the program.  The students will actually try the case on Saturday, January 26.  We need volunteers for presenting the CLE and for acting as judges, jurors, and attorney mentors during the trial day.  

If you are available, and are interested in volunteering for any of these roles, please complete the following Survey: Click Here

TDLA and DRI are currently accepting nominations for our 2018 Professional Awards.

These awards identify your peers who deserve recognition either for their professional contributions to, and achievements on behalf of the defense bar and the civil justice system.

TDLA will be accepting nominations through September 7, 2018 for our Tennessee "Rising Star" and "Defense Lawyer of the Year" awards and will announce our winners during our Annual Meeting in Chattanooga on October 3-5, 2018. For more information and a nomination form, please click here.

DRI will be accepting nominations through July 1, 2018, and will announce their winners at the DRI Annual Meeting in San Francisco on Saturday October 20th. To view the national DRI professional award brochure, please click here.

Past TDLA President Brad Box with Rainey, Kizer, Reviere and Bell provided this legislative update for TDLA membership.

As the 2018 General Assembly draws to a close, here are a few interesting updates for you:

1. The Phantom Damages Elimination Act (Dedmon/West issue).  This bill was introduced to deal with the disappointing opinion by the TN Supreme Court in the Dedmon case.  I spoke with a lobbyist for Farm Bureau and he said that this bill died in committee because it didn’t have enough support in committee to move it out in the house of representatives.  The chair of the house sub-committee was against it and so it never came out of committee.  I suspect that it will generate more discussion next year.  Of course there are lots of contested elections across the state, so that will have an impact on the future of this bill.
   
   
2. A Notary bill (SA0790), which I have attached, Click here to view. It will allow for documents to be electronically notarized.  It has passed the Senate and will be on the house floor next week. The attached is the Senate amendment. The amendment rewrites the bill so this is the bill.
   
   
3. SB1862. This bill was introduced to respond to the American Law Institute restatement of liability insurance.  This bill has been signed by the Governor and is now effective. Click here to view

NASHVILLE – The Tennessee Bureau of Workers’ Compensation (BWC) now uses an innovative new system that allows attorneys and self-represented litigants to file documents without printing copies or traveling to BWC offices across the state.

The new TNComp electronic filing system allows all parties to file contested case pleadings in a more efficient and cost-effective manner.

Since BWC started its trial and appellate courts in 2014, both litigants and counsel have had the convenience of filing documents via email. The process was not as convenient or efficient for BWC staff that had to print each emailed document, file-stamp the document and then enter the information into the BWC database. The manual filing process took between 24 and 48 hours to complete.

“With approximately 1,000 documents filed per month in our court alone, we had to move in this direction,” said Penny Shrum, Clerk of the Court for the Court of Workers’ Compensation Claims.

BWC modeled TNComp after the PACER platform used by the federal court system, but tailored it to meet the needs of Tennessee.

Attorneys and litigants can now electronically file documents any time of the day, they can view any documents associated with the case, they receive notices when a new document is filed, and reminders of upcoming hearings. All of the services offered on TNComp are provided to the user at no cost.

“The court’s core values include striving for excellence and constant improvement,” said Kenneth M. Switzer of Nashville, Chief Judge of the Court of Workers’ Compensation Claims. “TNComp is a primary example of our commitment, making court business more efficient for everyone throughout the process.”

It took nearly three years to develop TNComp into a user-friendly, intuitive system. The courts first implemented TNComp internally, so staff could train for two months, ensuring a smooth and problem-free launch to the public.

“Since the passage of the Reform Act of 2013, the Bureau of Workers’ Compensation has focused its efforts on providing the best court systems possible for workers’ compensation claims,” said Abbie Hudgens, BWC administrator. “This new platform is a long-awaited element to improving the effectiveness of the court process, and we are pleased that we can offer it to the public now.”

Attorneys and litigants with cases where a BWC mediator has filed a dispute certification after November 1, 2017 can now access the TNComp system. Cases prior to that date will continue to use the former system to file documents.

“It’s great to see an innovative effort like this come to fruition and produce the desired results of greater convenience and efficiency.” Appeals Board Presiding Judge Marshall Davidson said.

You can learn more about TNComp here or to watch instructional videos on how to navigate the system, you can follow the link provided here. 

The TDLA Sponsorship package for 2018 is now available! Click here for a full list of sponsorship opportunities!

The Dedmon v. Steelman case and the Tennessee Supreme Court ruling may be read by clicking here.

The Tennessee Defense Lawyers Association is pleased to congratulate its 2017 “Defense Lawyer of the Year” award recipient, Dawn Davis Carson of Hickman Goza Spragins in Memphis, TN and Adam Nelson of Rainey, Kizer, Reviere and Bell in Jackson, TN, who received TDLA’s “Rising Star” award for 2017.    

Shown L to R: Dawn Davis Carson, Barret Albritton and Adam Nelson