The Tennessee Supreme Court recently issued several rulings. First, it clarified that the economic loss doctrine, which limits the recovery of economic losses under tort law, applies only to products liability cases, not to contracts for services, and should not be expanded. This decision allowed a construction subcontractor to recover damages on its tort claims against a general contractor. Second, the court addressed the concept of personal jurisdiction, ruling that for a Tennessee court to have authority over a case, there must be a sufficient connection between the defendant and the state. Lastly, the court held that defendants convicted of vehicular homicide by intoxication cannot receive probation as specified in the 2017 amendment to the probation eligibility statute.

The Tennessee Supreme Court issued several rulings this week. First, it clarified that the economic loss doctrine, which limits the recovery of economic losses under tort law, applies only to products liability cases, not to contracts for services, and should not be expanded. This decision allowed a construction subcontractor to recover damages on its tort claims against a general contractor. Second, the court addressed the concept of personal jurisdiction, ruling that for a Tennessee court to have authority over a case, there must be a sufficient connection between the defendant and the state. Lastly, the court held that defendants convicted of vehicular homicide by intoxication cannot receive probation as specified in the 2017 amendment to the probation eligibility statute.

The Nashville School of Law will host a reception to welcome the newest member of the Tennessee Supreme Court, Justice Dwight E. Tarwater on Oct. 5 from 4:30-6 p.m. CDT at 4013 Armory Oaks Dr., Nashville 37204. The event is sponsored by the Tennessee Bar Association, the Lawyers' Association for Women, the Nashville Bar Association and Nashville School of Law. Refreshments and hors d’oeuvres will be served. RSVP at this link.

A reception honoring current, new and retiring members of the Tennessee Supreme Court will be held in Nashville on Oct. 4 from 5:30 - 7 p.m. CDT at Holland & Knight, Nashville City Center, 511 Union St., 27th Floor, 37219. The event is sponsored by the Tennessee Supreme Court Historical Society. RSVP by emailing lknightlaw@outlook.com.

The Nashville School of Law will host a reception to welcome the newest member of the Tennessee Supreme Court, Justice Dwight E. Tarwater on Oct. 5 from 4:30 – 6 p.m. CDT at 4013 Armory Oaks Dr., Nashville 37204. Justice Tarwater was nominated by Gov. Bill Lee and confirmed by the General Assembly in 2023.

A native of Knoxville, Tarwater earned his law degree from the University of Tennessee, where he previously earned his undergraduate degree in political science. He has had a long career in private practice with the Knoxville firms of Egerton, McAfee, Armistead and Davis and Paine Tarwater Bickers LLP. He also served as general counsel to former Gov. Bill Haslam. Justice Tarwater began his term on Sept. 1. Refreshments and hors d’oeuvres will be served. RSVP at this link.

This event is sponsored by the Tennessee Bar Association, the Lawyers' Association for Women, the Nashville Bar Association and Nashville School of Law.

The Chattanooga Bar Association last week honored the Tennessee Supreme Court at a reception that also recognized retiring Justice Sharon Lee and welcomed Justice Dwight Tarwater. Lee, who retired Aug. 31, had been the high court’s longest-serving member, having been appointed in 2008 and serving as chief justice from 2014 until 2016. Prior to her time on the Supreme Court, she spent four years on the Court of Appeals. In June, Lee received the TBA's prestigious Justice Frank F. Drowota III Outstanding Judicial Service Award, the association’s highest award for service to the judiciary. See photo here.

Tennessee Supreme Court Justice Dwight E. Tarwater received a warm welcome to the bench this week when family, friends, colleagues, elected officials and the judiciary joined him in Knoxville for his ceremonial investiture by Gov. Bill Lee. Tarwater was confirmed as a Supreme Court justice by the Tennessee legislature in March and his term began on Sept. 1. He fills the vacancy created by the retirement of Justice Sharon G. Lee. Tarwater joins Chief Justice Holly Kirby (Memphis), Justice Jeffrey S. Bivins (Franklin), Justice Roger A. Page (Mifflin) and Justice Sarah K. Campbell (Nashville) on the state’s highest court. “Dwight Tarwater has the integrity, the intellect, the work ethic, the compassion and the old-fashioned common sense needed to be an excellent justice on our state's high court. He also has perhaps the most important quality — humility,” Kirby said. “On most of the questions that we hear, the ruling of the Tennessee Supreme Court is the final word. There is no appeal, no higher authority. That's why humility is so important.” 

The Tennessee Supreme Court has two cases set for its Sept. 6 docket. The first case, Terry Case v. Wilmington Trust, N.A., et al., will be heard in Knoxville at 9 a.m. EDT and will be livestreamed to the TNCourts YouTube page. The second case, Thomas Fleming Mabry v. Board of Professional Responsibility, will be submitted on briefs. Media members planning to attend oral arguments should review Supreme Court Rule 30 and file any required requests.

The Tennessee Supreme Court has unanimously elected Justice Holly Kirby as the court's new chief justice. Kirby’s two-year term will begin Sept. 1, the court announced today. She is the fourth woman to serve as the court’s chief justice. Kirby was appointed to the court in 2014 by former Gov. Bill Haslam. Prior to her appointment, Kirby was the first woman in Tennessee history to serve on the Tennessee Court of Appeals. Gov. Bill Lee will perform Kirby’s ceremonial investiture at 9 a.m. CDT on Oct. 4 in the Old Supreme Court Chamber on the first floor of the Tennessee State Capitol. A reception will be scheduled in Memphis for the fall.

The Tennessee Supreme Court today rejected a Memphis nursing home’s argument that the trial court could not consider whether a resident with Down syndrome was competent to authorize his brother to act as his agent. The court held the trial court correctly considered evidence that David Welch, a resident with Down syndrome, did not have the mental capacity to understand the document he marked in lieu of a signature that gave his brother, James, power of attorney. Go here to read the court’s opinion.