By J. Matthew Kroplin, Stites & Harbison PLLC.
During this session of the Tennessee General Assembly, which ended about a month ago, state legislators approved the so-called “Loser Pays” rule, with the stated intention of discouraging frivolous claims in Tennessee courts.
This rule essentially requires that a judge assess litigation costs to a party who successfully seeks dismissal of a claim that does not have a basis in fact or law.
