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Attorneys and the Attorney General debate HB 2453’s class‑action and discovery limits; bill advances 5–1
Summary
HB 2453 would streamline trade‑practices discovery, clarify radar‑device rules, and reinforce a class‑action prohibition; Gerard Stranch warned the bill could cut Tennesseans out of multi‑state recoveries, while the Attorney General’s office said the provision reinforces existing law. The subcommittee advanced the bill to Commerce, 5–1.
Representative Garrett described HB 2453 as a cleanup to the Tennessee Trade Practices Act that narrows discovery when the state is sued, clarifies unfair deceptive acts (including provisions on radar detection devices), and reinforces a class‑action prohibition. He invited testimony from practitioners.
Gerard Stranch, a managing partner with a nationwide class‑action practice, warned the committee that restricting class actions could prevent Tennessee plaintiffs from participating in nationwide antitrust recoveries and noted the high cost of proving monopoly claims: "the cost of the expert to prove that they had monopolized the market was over $1,000,000," he said. The Attorney General's office (Miss Kelly) responded that the section is intended to reinforce an existing class‑action prohibition in the Tennessee Trade Practices Act and said Tennesseans would not be left without avenues for redress, noting the availability of multi‑state settlements and federal class‑action review. The committee advanced HB 2453 to Commerce on a 5–1 vote.
