The article discusses the opinion of the Tennessee Supreme Court (TSC) on the case of Banks v. Elks Club Pride of Tennessee 1102. It states that an affirmative defense of a nonparty should not be treated differently if a party asserts that it cannot show evidence. It notes that some people desire the disappearance of affirmative defense and burden of proof but the TSC must reserve ruling until all parties saying faults against any other party have delivered their evidence.