The Tennessee Bar Association (TBA) has filed comments with the Tennessee Supreme Court in response to an order soliciting comments on proposed changes to the Appellate, Civil, Criminal and Juvenile Rules of Procedure as well as the Tennessee Rules of Evidence. The TBA’s comment is limited to proposed changes in three rules: Rule 24 of the Tennessee Rules of Criminal Procedure, Rule 47.02 of the Tennessee Rules of Civil Procedure and Rule 26 of the Tennessee Rules of Civil Procedure. Read the full comment.

The Tennessee Supreme Court has issued an opinion in Case v. Wilmington, involving a man who claimed he experienced “wrongful foreclosure” of his property. The court held that state law does not recognize a common law claim of “wrongful foreclosure.” Rather, such claims must be brought as existing breach of contract, tort or statutory causes of action. The plaintiff, Terry Case, filed the underlying action to stop the foreclosure of his property. After the foreclosure was allowed to proceed, Case filed an amended complaint asserting claims for “wrongful foreclosure,” among others. The trial court dismissed the claims. The Court of Appeals reversed on the “wrongful foreclosure” claim but upheld dismissal of the remaining claims. The Supreme Court reversed the appeals court and sent the case back to the trial court to enter an order of dismissal. To read more about the decision visit the Administrative Office of the Court's website. Chief Justice Holly Kirby issued a separate concurring opinion.

The Tennessee Trial Court Vacancy Commission met in Sevierville to select nominees for a circuit court judge in the 4th Judicial District, which includes Cocke, Grainger, Jefferson and Sevier counties. After holding a public hearing and conducting public interviews, the commission voted to recommend Dandridge lawyer Jeremy D. Ball, Rutledge lawyer S. Lane Wolfenbarger and Knoxville lawyer Luke A. Shipley to Gov. Bill Lee for his consideration. Read more about the candidates from the Tennessee Administrative Office of the Courts.

The Tennessee Supreme Court has extended a limited disaster plan for all the trial courts in the 1st, 2nd, 3rd and 4th Judicial Districts following severe flooding that occurred in the wake of Hurricane Helene. Deadlines for filings, statutes of limitation and certain court orders that were extended through Nov. 12 are now extended through Dec. 25. Read the full order.

The Tennessee Supreme Court heard oral arguments yesterday on whether Shelby County Criminal Court Judge Paula Skahan had the authority to vacate Pervis Payne’s death sentence in 2022 and replace it with two life sentences to be served concurrently. Payne was convicted in 1988 for the stabbing deaths of Charisse Christopher and her 2-year-old daughter. He has been in jail for 37 years and has maintained his innocence since being convicted. Payne appealed his case under a new state law that allows defendants to challenge death sentences if they are deemed to have an intellectual disability. The Tennessee Attorney General’s Office argued that Skahan had the authority to reduce Payne’s death sentence to life but not to change the structure of the sentences from consecutive to concurrent. Payne’s attorney argued the court had authority to do both since state law gives it “original and subject matter jurisdiction over all criminal matters that come before” it. Daily Memphian looks at the arguments.

The Tennessee Supreme Court will hear arguments Nov. 6 in Jackson in the case of State of Tennessee v. Pervis Tyrone Payne. The court will look at whether the trial court had jurisdiction to reconsider the consecutive alignment of sentences after a determination of intellectual disability. Payne was convicted of two counts of first-degree murder and one count of assault with intent to commit murder. He was sentenced to death for the murder charges and to 30 years in the assault case, to be run consecutively. In 2021, the General Assembly provided a process by which death row inmates may challenge the death penalty due to an intellectual disability. Payne filed under the new law and after evaluation was determined to meet the definition of intellectual disability. Payne’s attorneys and the state agreed that he should receive two life sentences but disagreed whether the sentences should be served consecutively or concurrently. The trial court found that the sentences should run concurrently. The appeals court affirmed. The state is appealing that decision. Arguments will begin at 1 p.m. CST and be livestreamed to the TNCourts YouTube page.

The Tennessee Supreme Court has ordered a change in the classification of personal contact information that attorneys provide to the Board of Professional Responsibility. Personal contact information now will be considered confidential and not public record. The change was requested by the board in June. After receiving comments from the Tennessee Bar Association, the Knoxville Bar Association and others that lawyers should be asked to provide alternative contact information that can be made public, the court allowed TBA and the board to develop new language, which it now has adopted. The alternative contact information must be submitted by Jan. 1, 2025. Read more in a press release from the Administrative Office of the Courts.

The Tennessee Supreme Court has issued an order allowing out-of-state lawyers to temporarily offer their services, free of charge, to residents affected by severe flooding in East Tennessee. The order follows a joint request from the Tennessee Alliance for Legal Services (TALS) and Legal Aid of East Tennessee (LAET) asking the court to activate Rule 47 — which was first enacted in the aftermath of Hurricane Katrina — to help those impacted by natural disasters. Lawyers who register may provide legal services in affected areas without seeking pro hac vice admission or paying an admission fee. Read more from the Administrative Office of the Courts. The state of North Carolina issued a similar order after Hurricane Helene, allowing Tennessee lawyers to provide pro bono services to storm survivors there.

The Tennessee Supreme Court last week heard arguments in two challenges to redrawn legislative districts for the state Senate and House, the Nashville Banner reports. A three-judge panel ruled in 2023 that the Senate map was unconstitutional because the districts in Davidson County were not numbered consecutively. The state is challenging that decision, questioning the plaintiff’s standing to sue. The same panel found the House map to be constitutional even though it split Gibson County, saying the legislature acted in good faith. Attorney Scott Tift argued the court should overturn that decision because the state constitution only allows splitting to comply with federal redistricting laws.

The Tennessee Supreme Court today held that a party could not recover attorney’s fees for fighting a SLAPP lawsuit when the person bringing the suit dropped the case. In the matter before the court, Robert E. Lee Flade sued several defendants based for what he considered to be disparaging remarks on social media. In response, two defendants filed petitions under the Tennessee Public Participation Act (TPPA), arguing that that the suit was brought primarily to chill speech rather than to prevail on the merits. Before the petitions were heard by the trial court, Flade voluntarily dismissed his suit. The defendants sought payment of their attorney’s fees, as allowed under TPPA, but the court found that the dismissal precluded consideration of the fee request. Read more in a release from the court.