The Tennessee Supreme Court ruled this week that the Shelby County Civil Service Merit Board did not act arbitrarily or capriciously by affirming the termination of Shelby County firefighter Paul Zachary Moss, though it did not hear evidence of discipline previously imposed on other firefighters. Moss was dismissed after allegedly becoming involved in a fight with two men at a political rally, pointing a gun at the pair and threatening to kill them. He entered an Alford guilty plea to one count of aggravated assault. Read more about the case.

Attorney Dwight E. Tarwater yesterday was officially confirmed by the General Assembly as the newest justice on the Tennessee Supreme Court. Justice-designate Tarwater was nominated by Gov. Bill Lee in January after a lengthy application process that included a public hearing. He will take the bench on Sept. 1, following the retirement of current Justice Sharon G. Lee. Justice-designate Tarwater served as general counsel to former Gov. Bill Haslam from 2014 to 2019, a position he accepted after decades of work as a trial and appellate attorney in Knoxville. Justice-designate Tarwater has served on the board of directors of Legal Aid of East Tennessee, the Volunteer Legal Assistance Program and the Pro Bono Project.

The Tennessee Supreme Court issued a “housekeeping” amendment to Rule 4(A)(1) yesterday. The amendment changes the reference to “Southwestern Reporter” to “South Western Reporter” in language requiring opinions of the court to be published in the official reporter. The amendment will take effect immediately.

The Tennessee Supreme Court heard oral arguments in two cases today in Nashville. The first case, James Williams v. Smyrna Residential, LLC et al., concerns enforceability of an arbitration agreement. The second, Pratik Pandharipande, M.D. v. FSD Corporation, centers on a dispute about the scope and applicability of certain restrictive covenants between a property owner and a homeowners’ association. Read more about the cases from the Administrative Office of the Courts.

The Tennessee Supreme Court today reversed a decision of the Court of Appeals that had allowed a plaintiff to proceed with her claims of gross negligence and recklessness against governmental entities under the Tennessee Governmental Tort Liability Act. The high court held that the act’s waiver of sovereign immunity for “negligent” acts removes immunity only for ordinary negligence, not gross negligence or recklessness. Justice Holly Kirby concurred with the majority but wrote a  separate opinion, in which she discusses the “Rubik’s cube effect” caused by the court’s earlier decision to retain the public-duty doctrine and its related exceptions following enactment of the law. She also writes that she would be willing to reconsider that decision in a future case. Read more on the case and the unanimous opinion authored by Justice Sarah K. Campbell from the Administrative Office of the Courts.

The Tennessee Supreme Court this week issued a revised order amending Rule 31(14)(g) to increase the number of training hours needed to obtain a “Specifically Trained in Domestic Violence Issues” designation. The court had issued its original order last week, approving a proposal from the Alternative Dispute Resolution Commission to increase the requirement from 12 to 16 hours. The revision, which appears at the end of the second paragraph, adds the phrase "effective June 1, 2023."

The Tennessee Supreme Court this week issued an order approving a proposal from the Alternative Dispute Resolution Commission to increase the number of course hours for family mediators who wish to obtain the designation “Specifically Trained in Domestic Violence Issues.” The order amends Rule 31(14)(g) to increase the required training from 12 to 16 hours. Read the commission's original proposal.

The Tennessee Supreme Court issued an order today adopting what it called a “housekeeping” amendment to Rule 11, Section III regarding cases under advisement. The new language, which takes effect immediately, reads as follows: "No case may be held under advisement in excess of sixty days and no motion, or other decision of the trial judge that delays the date of trial or final disposition in the trial court, shall be held under advisement for more than thirty days, absent the most compelling of reasons. A motion to render decision setting out the facts said to constitute a failure to comply with this rule may be filed with the presiding judge and the circuit justice, or either of them, by any attorney of record in a case, setting out the facts said to constitute a failure to comply with this rule."

The Tennessee Supreme Court today extended from Jan. 20 to Feb. 20 the deadline for filing a comment on the Board of Law Examiners’ proposed amendments to Tennessee Supreme Court Rule 6 and 7. The extension was requested by the Tennessee Bar Association. Comments should reference docket number ADM2022-01449 and be sent to James M. Hivner, appellatecourtclerk@tncourts.gov Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219-1407.

The Tennessee Supreme Court today issued an order appointing five new members to the Trial Court E-Filing Oversight Committee. Three were named to replace current members: Shelby County Circuit Court Judge Rhynette Hurd replaces Memphis lawyer Will Perry; Henry County Clerk and Master Albert Wade replaces Rutherford County Clerk and Master John Bratcher; and Sumner County General Sessions Court Judge David Howard replaces Stewart County General Sessions Court Judge Andy Brigham. The court also named two additional members: 16th District Circuit Court Judge James A. Turner and 1st District Circuit Court Judge Suzanne Cook.