Tennessee Court of Appeals Vacates Class Certification Order in Healthcare Liability Action Against Dentist
The Tennessee Court of Appeals has vacated a class certification order in a healthcare liability action, Kalyn Doxley, et al. v. Clarence L. “Buzz,” Nabers, Jr., DDS, et al. The lawsuit stems from care rendered by a dentist, and the defendant dentist sought review of the class certification order. The appeal was granted as a matter of right under Tennessee Code Annotated section 27-1-125, which allows for an appeal from an order granting or denying class certification under Rule 23 of the Tennessee Rules of Civil Procedure. The appellate court concluded that, based on the record, the trial court did not apply the correct legal standards and that the class proponent failed to meet the burden of establishing the requirements of Rule 23. Consequently, the order was vacated. 
