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.