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Litigation Practice Forum 2024: What Litigators Need to Know About the Expert Opinion Privilege
In this presentation, Todd Presnell and Kristi Arth will analyze the new expert opinion privilege created by the Tennessee Supreme Court in Borngne ex rel. Hyter v. Chattanooga-Hamilton Cnty. Hosp. Auth. Presnell and Arth are coauthors of the treatise Privileges and Protections: Tennessee and Sixth Circuit Law (LexisNexis 2024). The presentation will provide an overview of the case, outline Tennessee’s newest evidentiary privilege, breakdown the open questions about its scope that will need development through future litigation, and analyze the privilege through the authors’ proposed privilege adoption framework.
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Speakers/Producers
- Kristi Arth, Belmont University College of Law, Nashville
Kristi W. Arth teaches Legal Information and Communication I & II. Prior to joining Belmont’s faculty, she was a partner with Bradley Arant Boult Cummings LLP. At Bradley, Professor Arth...
- Todd Presnell, Bradley Arant Boult Cummings, LLP, Nashville
Todd Presnell is a partner in Bradley’s Nashville office where he maintains an active trial practice, serves in discovery-counsel roles, and leads and advises on internal corporate...
- Member: 50.00
- Non-Member: 80.00
- Section: 40.00
TBA members who are judges, lawmakers and law students can take TBA CLE onsite courses at no charge for the programming. There may be a separate charge if meals, special materials or other premium features are involved.
- Viewable From Your Laptop or Mobile Device
General Credits: 1.00
Total Credits: 1
This program will be filed for Tennessee CLE credit. Please email a request to cle@tnbar.org for Georgia and Mississippi CLE credit.
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Interesting topic. Nice to know about privilege and possible extensions into other areas.
great discussion
This was a great presentation on a landmark ruling for healthcare liability cases.
This was incredibly helpful regarding privilege and specifically this new "Expert Opinion Privilege" or "Colleague Privilege" here in Tennessee. I have an upcoming case where I believe this and the "Bornge" opinion could be really impactful so I am glad to have a better understanding of it moving forward with this case and in my practice in general.