Michael Hannah, et.al. v. Alltel Publishing Co.

The Court’s decision in this case alters summary judgment practice in Tennessee by dramatically changing the moving party’s burden of production. From henceforth, parties seeking a summary judgment in Tennessee’s courts will no longer be able to shift the burden of production to the nonmoving party by demonstrating that the nonmoving party’s evidence is insufficient to establish an essential element of a claim or defense asserted by the nonmoving party. This change in direction goes far beyond what is required to determine whether the summary judgment in this case was or was not appropriate. The Court’s decision will undermine, rather than enhance, the utility of summary judgment proceedings as opportunities to weed out frivolous lawsuits and to avoid the time and expense of unnecessary trials.