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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