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Thursday, October 01, 2009

Medical Malpractice, Collateral Estoppel & Comparative Fault

The Tennessee Supreme Court just issued its opinion in Mullins v. State of Tennessee, E2007-01113-SC-R11-CV (Tenn. Sept. 30, 2009). It is a medical malpractice case, which was originally filed in federal court. However, it was later discovered that some of the defendants were immune from suit under federal law and had to be sued in the Tennessee Claims Commission. This opinion illustrates the interplay between federal and state court in Tennessee and how collateral estoppel affects that interplay.

Here's a link to the opinion:


I'd like to thank John Day for bringing this opinion to my attention. Thanks John!

John's blog can be viewed at: http://www.dayontorts.com/. You should check it out on a regular basis.

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