TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 25, 2025

The Tennessee Supreme Court announced that it would hear appeals in two cases affecting Nashville government. First, the court will consider the size of the Metro Nashville Council. The Tennessee Court of Appeals in June reversed a lower court ruling that a law cutting the size of the council in half was unconstitutional. Second, the court will consider who controls the Nashville airport. In April, the Court of Appeals ruled unanimously that the legislature’s attempt to take over the airport authority was unconstitutional. The Nashville Business Journal has more on both the council size and airport board stories.

Posted by: Julia Wilburn on Sep 23, 2025

The Tennessee Supreme Court will hear oral arguments for its October docket on Oct. 1 at the Tennessee Supreme Court Building, 401 7th Ave N, Nashville 37219, which will be livestreamed to the TNCourts YouTube page. At 9 a.m. CDT, the court will hear State v. Torrian Seantel Bishop, State v. William Tony Burrell and Cinda Haddon v. Ladarius Vanlier et al. At 1 p.m. the court will hear SH Nashville LLC et al. v. FWREF Nashville Airport LLC. Additionally, State v. Jeffrey Tate and Steven J. Ogle will be heard on briefs.

Posted by: Julia Wilburn on Sep 23, 2025

Justice Holly Kirby has announced she will retire from the Tennessee Supreme Court, effective June 30, 2026. “I’ve been privileged to work alongside my Supreme Court colleagues, the Administrative Office of the Courts, the Tennessee Bar Association and trial judges and lawyers across the state, as well as our governor and our general assembly, to advance our shared vision for Tennessee’s justice system,” Kirby said in a release. “Their dedication and hard work made all the difference. Together we’re making the judicial branch stronger.”

Kirby was appointed to the court by then Gov. Bill Haslam in 2014 and has served as chief justice for the last two years. She achieved many “firsts” in her career. At just 38 years old, she was the first woman in Tennessee to serve on the Tennessee Court of Appeals. While in private practice, she became the first female partner in the Memphis firm of Burch Porter & Johnson. And she was the first graduate of the University of Memphis to sit on the state’s high court. As chief justice, Kirby helped secure $26 million to fund indigent representation in Tennessee and establish a new commission to oversee the administration and compensation of appointed counsel. Recognizing the need to modernize the court system, she also  supported the court’s Technology Oversight Committee and helped bring stakeholders together to develop a solution to unify court system data. She also focused on increased threats to Tennessee’s judiciary, leading efforts to strengthen laws on intimidation of judicial officials, and to protect judges, their families and justice system employees.

Posted by: Azya Thornton on Sep 19, 2025

The Tennessee Supreme Court on Sept. 19 affirmed the suspension of Davidson County attorney James B. Johnson for disclosure of confidential client communications. The violations stemmed from Johnson's representation of a client in a divorce proceeding in Shelby County beginning in February 2021. At some point, Johnson and his client began to have disagreements regarding his performance and decisions. Johnson filed a motion to withdraw from representation in March 2021. In support of that motion, Johnson attached emails between him and his client that discussed the scope of his representation, legal opinions and advice, his client’s position on matters at issue in the case, and personal insults between the two. The client then filed a complaint with the Board of Professional Responsibility (BPR), which filed a formal disciplinary petition. The BPR alleged that Johnson disclosed the confidential communications without his client's permission and recommended that he be suspended from the practice of law for three months, with 30 days to be served on active suspension and the remainder on probation. The BPR also recommended that he complete six additional continuing legal education hours. Johnson appealed to discipline first to the Davidson County Circuit Court and then to the state Supreme Court, both which upheld the suspension. Read the court's decision or a press release from the BPR.

Posted by: Stacey Shrader Joslin on Sep 18, 2025

The Tennessee Supreme Court on Sept. 16 issued an order soliciting comments from the legal community and the public on seven questions related to regulation of the legal profession. The court said the goal of the effort is to lower barriers to entry into the profession and ensure availability of affordable legal services in the state while ensuring the competency of attorneys and safeguarding the public. Comments should address whether the court should (1) modify, reduce or eliminate reliance on American Bar Association (ABA) accreditation in setting minimum educational requirements for lawyers; (2) consider alternatives to ABA accreditation; (3) consider adopting alternative pathways for admission to the bar; (4) consider modifying requirements for admission for those licensed in other states; and (5) modify, reduce or eliminate regulations prohibiting non-lawyer ownership of law firms or fee sharing with non-lawyers. Feedback also is sought on whether there are less costly alternatives to the traditional three-year law school curriculum and whether any legal services currently provided by lawyers could be competently provided by paraprofessionals. Comments should include docket No. ADM2025-01403 and be submitted by March 16, 2026, to Clerk James Hivner, Re: Regulatory Reform, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219 or by email to appellatecourtclerk@tncourts.gov.

Posted by: Azya Thornton on Sep 15, 2025

The Tennessee Supreme Court on Friday declined to review the city of Memphis’ appeal in its lawsuit with the Memphis Police Association while the city's appeal is pending with the Tennessee Court of Appeals, the Daily Memphian reports. The ruling means the court’s stay from August — which had allowed the city to avoid demoting second lieutenants — will expire. The dispute centers on the city’s creation of a second lieutenant rank without the union’s consent. In March, Shelby County Circuit Judge Damita Dandridge upheld an arbitrator’s finding that action violated the city's contract with the association. After Dandridge declined to stay her ruling, the city appealed to both the Tennessee Court of Appeals and the state Supreme Court. Dandridge has since recused herself from the case. The police association previously moved for the city to be held in contempt of court for failing to demote the second lieutenants, though that motion had been on hold pending the high court’s decision.

Posted by: Stacey Shrader Joslin on Sep 4, 2025

The Tennessee Supreme Court unanimously elected Justice Jeff Bivins to be the next chief justice of the court. Bivins was elected for a three-year term beginning Sept. 1. This is the second time he has held the role having previously served in the position from 2016-2021. Bivins was appointed to the court by then-Gov. Bill Haslam. He previously served on the Tennessee Court of Criminal Appeals and the 21st Judicial District Circuit Court. Following election by his colleagues, Bivins said, “Tennessee has the finest judiciary in the country. Our judges are dedicated public servants who serve with integrity. I am grateful for the opportunity to work with all of them to strengthen public confidence in our courts, access to justice, and the rule of law in Tennessee.” Read more in a release from the Administrative Office of the Courts.

Posted by: Azya Thornton on Aug 29, 2025

The Tennessee Supreme Court will hear oral arguments for its September docket on Sept. 4 at the Supreme Court building in Knoxville, with proceedings livestreamed on the TNCourts YouTube page. Beginning at 9 a.m. EDT, the court will hear Kendall Collier v. Pericilis Roussis and State v. Ronald Lacy. At 1:30 p.m., the court will hear two related consolidated appeals, Sarah Woodruff ex rel. Ethan Woodruff et al. v. Dorel Juvenile Group Inc. and Sarah Woodruff ex rel. Ethan Woodruff et al. v. Ford Motor Company, while a fifth case, Elliott Schuchardt v. Board of Professional Responsibility, will be submitted on the briefs. Read more about the cases in a press release.

Posted by: Azya Thornton on Aug 27, 2025

The Tennessee Supreme Court has ordered the Memphis Police Department (MPD) to pause the demotion of second lieutenants. MPD created this new rank two years ago. According to the Commercial Appeal, the Memphis police union challenged the move, saying it violates its agreement with the city. As of this week, 125 second lieutenants are on the police force. An arbitrator previously ordered the city to demote the lieutenants and lower courts upheld that move. The city argues that demoting the officers would create "chaos" within the department.

Posted by: Stacey Shrader Joslin on Aug 27, 2025

The Tennessee Supreme Court is soliciting comments on proposed amendments to the Rules of Appellate Procedure and the Rules of Criminal Procedure. The Advisory Commission on the Rules of Practice & Procedure recommended these changes after its June 27 meeting. Written comments should be submitted by Nov. 20 and sent by email to appellatecourtclerk@tncourts.gov or by mail to Clerk James Hivner, Re: 2026 Rules Package, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219. The docket number No. ADM2025-01108 also should be included in the communication. Read the order and see the proposed changes, which would amend Rules 20B and 27 of the Rules of Appellate Procedure and Rule 41 of the Rules of Criminal Procedure.


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