Theraco Case To Be Officially Published
We learned today that our recent appellate case in Continental Casualty Company v. Theraco, Inc., 2014 WL 172382 (Tenn. Ct. App. Jan. 14, 2014), is going to be officially published in the Southwestern Reporter, 3rd Edition. Under Rule 4 of the Tennessee Supreme Court Rules, the appellate courts have adopted the following standards allowing for official publication of opinions: (i) the opinion establishes a new rule of law, alters or modifies an existing rule, or applies an existing rule to a set of facts significantly different from those stated in other published opinions; (ii) the opinion involves a legal issue of continuing public interest; (iii) the opinion criticizes, with reasons given, an existing rule of law; (iv) the opinion resolves an apparent conflict of authority, whether or not the earlier opinion or opinions are reported; (v) the opinion updates, clarifies or distinguishes a principle of law; or (vi) the opinion makes a significant contribution to legal literature by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law. However, the increase of cases reported on electronic databases, such as Westlaw, make officially published cases rare these days.