Two new bills address Tennessee’s standard for granting motions for summary judgment. One of the acts, which will be codified as Tenn. Code Ann.§ 20-16-101, is intended to bring Tennessee law in line with the federal standard applicable to motions for summary judgment. This statute act is a direct response to the Tennessee Supreme Court’s 2008 decision in Hannan v. Alltel Publishing Company, which greatly restricted the availability of summary judgment, a procedure by which the court can determine the legal merits of a case prior to trial. Prior to Hannan, summary judgment was available to dismiss a case, in full, or in part, if a party was unable to offer evidence, prior to trial, to establish the essential elements of its claims. The act returns Tennessee law to a standard which is consistent with the federal standard and should lead to an increase in the number of cases that are dismissed, in whole or in part, on summary judgment. The Hannan decision caused a dramatic decrease in the number of summary judgment motions that were being filed and granted. Tenn. Code Ann. § 20-16-101 will apply to actions filed on or after July 1, 2011.
On a related topic, Senate Bill No. 940/House Bill No. 1641 clarifies the law as it relates to summary judgment in the context of employment claims for discrimination, retaliatory discharge and wrongful discharge. This act incorporates the federal burden-shifting standard that was also rejected by the Tennessee Supreme Court. The new law will apply to claims accruing on or after the effective date of the act.
Dan Berexa
Nashville, Tennessee
Comments