News & Insights
Aug 19, 2020
Tennessee Governor Bill Lee has signed into law the Tennessee COVID-19 Recovery Act which provides liability protection from claims related to the COVID-19 pandemic. The Waller Government Relations team worked closely with the Tennessee Chamber of Commerce and Industry and various stakeholders in recent months to achieve passage of the Tennessee COVID-19 Recovery Act.
The Tennessee COVID-19 Recovery Act implements comprehensive liability protection against legal claims stemming from loss, damage, injury or death arising from COVID-19. The Act specifies that an individual or legal entity (a "person") will not be liable for loss, damage, injury, or death (collectively referred to hereinafter as an "injury") that arises from COVID-19 unless the claimant proves by clear and convincing evidence that the injury was caused by an act or omission constituting gross negligence or willful misconduct.
“Person” covers a wide array of entities including individuals, healthcare providers, sole proprietorships, corporations, limited liability companies, partnerships, trusts, religious organizations, associations, nonprofit organizations, and any other legal entity whether formed as a for-profit or not-for-profit entity.
This legislation creates a heightened pleading standard which requires a claimant in any action alleging injury arising from COVID-19 to:
The adjournment of the Second Extraordinary Session marks the conclusion of the legislature’s agenda for the year. Members elected and incumbents reelected during the November general election will convene in January 2021 to begin a new legislative term as the 112th General Assembly. Tennessee legislature expands telehealth coverage
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