Effective litigators don't just know the law. They know the courts. It's the fundamental philosophy that has guided this firm since day one.
With offices strategically located throughout Alabama and the I-10 Gulf Coast corridor from Gulfport, Mississippi to Tallahassee, Florida, and north to our Chattanooga, Tennessee office, Carr Allison offers the kind of confident legal representation that only comes from firsthand experience. We have accumulated decades of closely cultivated relationships at the local level, wherever our clients' interests lie.
Tennessee Supreme Court creates new standard for summary judgment which lessens the burden for the moving party in Rye v. Women's Care Ctr. of Memphis, MPLLC, 2015 Tenn. LEXIS 906 (Tenn. Oct. 26, 2015).
In this pivotal decision, the Supreme Court overturned its ruling in Hannan v. Alltel Publishing Co., 270 S.W.3d 1 (Tenn 2008), and returned to a summary judgment standard consistent with the Federal standard. The new standard loosens the burden of production that once plagued parties moving for summary judgment.
In Hannan, the Court was said to have created a summary judgment standard which practically killed all prospects of successful summary judgment. The Hannan standard provided that “a moving party who seeks to shift the burden of production to the nonmoving party who bears the burden of proof at trial must either: (1) affirmatively negate an essential element of the nonmoving party’s claim; or (2) show that the nonmoving party cannot prove an essential element of the claim at trial.” Hannan v. Alltel Publ’g Co., 270 S.W.3d 1, 8-9 (Tenn. 2008). This standard practically allowed a nonmoving party to defend against summary judgment by merely using hypothetical evidence that could be shown at trial instead of only that evidence discovered at the summary judgment stage.
The new standard from Rye, provides that “the moving party may satisfy its burden of production either (1) by affirmatively negating an essential element of the nonmoving party’s claim or (2) by demonstrating that the nonmoving party’s evidence at the summary judgment stage is insufficient to establish the nonmoving party’s claim or defense.” 2015 Tenn. LEXIS 906 at *75 (emphasis added). This new standard will allow the courts to look only at the evidence presented at the summary judgment stage, instead of taking into consideration the speculative hopes and dreams of the nonmoving party as to what evidence it may discover in the future to aid in supporting its claims.
For more information, please contact Sean W. Martin at email@example.com.
Carr Allison is pleased to welcome two new attorneys to the firm. Jeffrey G. Miller joins our Birmingham, AL office as Counsel and Logan C. Threadgill joins our Chattanooga, TN office as an Associate.
Jeffrey G. Miller has practiced for more than 10 years in a variety of areas including Employment Litigation and Personal Injury. Jeffrey earned his law degree from the Cumberland School of Law. He joins Carr Allison’s Transportation team.
Logan C. Threadgill received his Juris Doctor from the University of Tennessee College of Law, graduating cum laude. He was a member of the Phi Kappa Phi honor society and he competed on the National Environmental Law Moot Court Team.
Carr Allison would like to congratulate Amanda E. Kelley on being added to the list of Mid-South Rising Stars for 2015.
Attorneys are selected as Rising Stars using a process of peer nominations, peer evaluations and third party research. Each candidate is evaluated using a statewide survey of lawyers, independent evaluation of candidates by Law & Politics’ attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Eligibility for Rising Stars is open to attorneys 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of attorneys in the state are named to Rising Stars.