New Health Care Liability Action: Trial Court's Imposition of Sanctions for Discovery Abuse Upheld on Appeal but Case Is Remanded to Calculate Amount of Sanctions under Applicable Law

The Tennessee Court of Appeals has released its opinion in Salas v. Rosdeutscher, Nos. M2021-00449-COA-R3-CV; M2022-00130-COA-R3-CV (Tenn. Ct. App. Jan. 9, 2024). The syllabus reads:

Plaintiff’s attorneys appeal the trial court’s imposition of sanctions against them in the amount of $68,617.28 and the denial of their second motion to disqualify the trial court judge. We affirm the trial court’s discretionary decision to impose sanctions, but we vacate the amount of sanctions awarded and remand for the trial court to calculate the reasonable amount of monetary sanctions in keeping with the procedures and considerations outlined in this opinion. We have determined that Plaintiff’s attorneys’ issue regarding the trial court’s denial of their second motion to recuse is moot. Finally, we decline to award attorney’s fees on appeal.

Here is a link to the slip opinion: Majority Opinion - M2021-00449-COA-R3-CV.pdf (tncourts.gov).

NOTE: This opinion is a good reminder why a lawyer should never misrepresent matters to a court. 

New Case on Pretrial Discovery Abuse and Sanctions: Trial Court's Dismissal of Action Upheld on Appeal.

The Tennessee Court of Appeals has released its opinion in Plofchan v. Hughey, No. M2021-00853-COA-R3-CV (Tenn. Ct. App. Jan. 5, 2023). The syllabus from the opinion reads:

A man sued his arresting officers and others. He claimed he was neither drunk nor violent when he was arrested and charged with public intoxication, resisting arrest, and assault on an officer. During discovery, the man claimed to have no communications between him and a companion that were not protected by attorney-client privilege or as work product. When such communications were uncovered, the defendants moved for sanctions and attorney’s fees. The trial court awarded attorney’s fees to the defendants and the companion. And it dismissed the case as a sanction. Discerning no abuse of discretion, we affirm.

Here is a link to the slip opinion: E-SIGNED-M2021-0853- COA-PLOFCHAN.pdf (tncourts.gov).

NOTE: This opinion offers a great discussion of discovery sanctions for pretrial discovery abuses, etc. It also notes that Tennessee does not recognize "motions to reconsider," slip. op. at 8. This is a must-read opinion for any Tennessee trial lawyer.