LCJ Amicus Brief, Industrial Boiler and Mechanical Co., Inc. v. Evatt, Tennessee Supreme Court

LCJ Amicus Brief, Industrial Boiler & Mechanical Co., Inc. v. Evatt, Tennessee Supreme Court

LCJ opposes the creation of a new tort for intentional first-party spoliation in an amicus brief filed with the Tennessee Supreme Court in Industrial Boiler & Mechanical Co., Inc. v. Evatt. The brief, filed on April 13, 2026, argues that Tennessee law already provides a predictable, proportionate framework to address first-party spoliation claims. The creation of such a tort by the Tennessee Supreme Court would run contrary to the vast majority of states that have considered the issue.

LCJ members – like all litigants and practitioners – rely on predictable, uniform standards when making decisions regarding appropriate preservation efforts. The Tennessee Supreme Court’s recognition of a new tort would unnecessarily create unpredictability and increase the costs associated with litigating and doing business in the state.

The amicus brief authors, Jonathan Redgrave and Kevin Reiss, Nick Snavely, and Casey Fronk, are with Redgrave LLP, a preeminent discovery and information law firm. William Harbison, with Sherrard, Roe, Voigt, and Harbison, in Nashville, participated as local counsel. The brief is available here.