Court reviews whether a contract contained an agreement to split physician's fees

COOKEVILLE REGIONAL MEDICAL CENTER AUTHORITY v. CARDIAC ANESTHESIA SERVICES, PLLC, ET AL. (Tenn. Ct. App. November 25, 2009)

At the summary judgment phase, the trial court found that a hospital wrongfully terminated its contract with a physician group. A jury determined the physician group was entitled to recover damages arising from the Hospital's breach. Among the issues raised on appeal is whether the trial court erred in finding that the contract did not contain a fee splitting arrangement in violation of Tenn. Code Ann. section 63-6-225. Finding that the contract contained an agreement to split physician's fees prohibited by Tenn. Code Ann. section 63-6-225, we find the contract to be unenforceable. Accordingly, we reverse.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2009/cookevilleregional_112509.pdf

Court reviews whether trial court properly dismissed a case based on plaintiff's inability to meet the burden of proof.

THE IJ COMPANY, INC., ET AL. v. COLLIER DEVELOPMENT COMPANY, INC. d/b/a ROCKY RIVER BREWERY & GRILL (Tenn. Ct. App. November 13, 2009)

The IJ Company, Inc. ("IJ") sued Collier Development Company, Inc. ("Collier Development") d/b/a Rocky River Brewery & Grill ("Rocky River") seeking, among other things, payment from Collier Development for food service products IJ had supplied to Rocky River. After a bench trial, the Trial Court dismissed the case finding and holding, inter alia, that IJ had not met its burden of proving that it had a contract with Collier Development. IJ appeals to this Court. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2009/ijcompany_111309.pdf