Tennessee Supreme Court Justice Roger A. Page has been elected chief justice by his colleagues. His term will begin Sept. 1. Page succeeds Justice Jeff Bivins, who has served as chief justice since September 2016. “It is an honor to serve as chief justice and a responsibility that I do not take lightly,” Page said after being elected. Page will be sworn-in by Justice Connie Clark at a small ceremony on Sept. 1 at 1:30 p.m. CDT in the courtroom he presided over in the Madison County Criminal Justice Complex. The event will be livestreamed on the court’s YouTube channel. Page began his judicial career when he was elected 26th Judicial District Circuit Court judge in 1998. He was appointed to the Court of Criminal Appeals by former Gov. Bill Haslam in 2011. In 2016, Haslam appointed him to the Supreme Court. Page said that among his priorities will be continued emphasis on the court’s access to justice initiative and work to expand access to the courts in rural communities, including increasing remote hearings and e-filing.

The Tennessee Supreme Court recently issued an order seeking comments on proposed amendments to the Tennessee Rules of Appellate Procedure and Rules of Civil Procedure. The amendments were recommended by the Advisory Commission on the Rules of Practice & Procedure at its June 11 meeting. Comments should be submitted by Nov. 23 to the attention of Appellate Clerk James Hivner, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219.

The Tennessee Supreme Court recently granted review to four cases. The latest issue of the Raybin Supreme Court Hot List reviews the cases, which raise issues involving comparative fault, expungements, forgery convictions and the Drug Free School Zone law.

The Tennessee Supreme Court has upheld a decision of the Board of Professional Responsibility (BPR) to deny Knoxville attorney Loring Edwin Justice’s petition seeking relief from costs associated with his disciplinary proceedings. The BPR had assessed costs and expenses of $25,403.65 following Justice’s disbarment. Justice filed a petition for relief from costs arguing that the disciplinary proceedings were unconstitutional, the wrong standard of proof was used and his Fifth Amendment privilege was violated. The BPR denied his petition, which he then appealed to the Supreme Court. The court affirmed the BPR’s decision saying the assessment was supported by substantial and material evidence. Read the opinion.

In a unanimous opinion released today, the Tennessee Supreme Court ruled that the economic loss doctrine applies in fraud actions where the parties are sophisticated commercial entities and the claim is based solely on alleged misrepresentations or nondisclosures about the quality of the goods purchased through a contract. The economic loss doctrine states parties cannot recover under civil tort law for purely economic damages suffered under a contract and instead must look to the contract itself for remedies. In addition, the ruling addressed the application of the Tennessee Consumer Protection Act to commercial transactions. Read more about the case or access the opinion.

The Tennessee Supreme Court today issued an order making a “minor housekeeping amendment” to Tennessee Supreme Court Rule 10, RJCs 2.6 and 3.9. In October 2018, the court adopted a comprehensive revision of Rule 31 and a new Rule 31A, which set out rules governing alternative dispute resolution. The Alternative Dispute Resolution Commission has reported that comments for Rule 10, RJCs 2.6 and 3.9 continue to reference the prior version of Rule 31. The court adopted this order to correct those cross-references.

The Tennessee Supreme Court recently granted review to six cases. The Raybin Supreme Court Hot List reviews the cases, which raise issues including mootness, the Health Care Liability Act, probation violations, attorney fees, speedy trials and ineffective assistance of counsel.

The Tennessee Supreme Court has agreed to hear a case later this year on Nashville’s rules for home businesses, Mainstreet Nashville reports. In 1998, the city imposed a ban on home businesses serving clients on site. A new ordinance in 2020 repealed the ban, but some residents say the stipulations are still unfair. Raynor and Lij Shaw sued the city in 2017 after they were told to shut down a home recording studio in 2015. The Institute of Justice, which is working with the Shaws, says the rules are enforced inconsistency. The chancery court had dismissed the case arguing that the 2020 ordinance made it moot.

The Tennessee Supreme Court says it will not intervene early in a dispute between Nashville and the Davidson County Election Commission over a property tax referendum, WPLN reports. In an order issued late Friday, the court said it sees no need to speed up the case and will instead let it work its way through the normal appeals process. The referendum’s backers had wanted the court to take up the case early so a vote could take place in September.

The Tennessee Supreme Court today reversed the dismissal of a lawsuit that had been refiled after having been previously dismissed ahead of trial. The decision stems from a 2014 lawsuit filed by Regions Bank against a Shelby County man. Finding that Regions did not timely prosecute the case, the trial court dismissed the suit, but did not give notice to either party. Upon learning of the dismissal, Regions asked the trial court to set aside the dismissal and allow the suit to proceed. The court denied that request but noted the dismissal didn’t prevent Regions from refiling at a later time. However, when Regions refiled the suit, the trial court dismissed it, citing res judicata. The Supreme Court unanimously held that the original dismissal did not prevent refiling the lawsuit because that dismissal had not resolved the lawsuit on its merits. Read the high court’s opinion authored by Chief Justice Jeff Bivins on the Administrative Office of the Courts website.