TBA Law Blog

TBA Law Blog

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Tennessee Supreme Court Adopts Changes to Rule 21 on CLE

Posted by: Katharine Heriges on Apr 25, 2019
The Tennessee Supreme Court has adopted amendments to Rule 21 of the Rules of the Tennessee Supreme Court, which governs Continuing Legal Education requirements. On Feb. 11, the court solicited comments and received them from the Knoxville Bar Association, the Chattanooga Bar Association and several individual attorneys. 

TSC Rules Companies Cannot Depreciate Labor Costs in Insurance Payments for Property Damage

Posted by: Katharine Heriges on Apr 15, 2019
In addressing a certified question from the U.S. District Court for the Middle District of Tennessee, the Tennessee Supreme Court has ruled that insurance companies cannot depreciate labor costs in insurance payments for property damage. In Lammert et al. v. Auto-Owners (Mutual) Insurance Company, the court determined that the language of the insurance policies in question were susceptible to two or more reasonable interpretations on whether labor costs could be depreciated. Under Tennessee law, when an insurance policy is ambiguous, the policy is construed against the insurance company as the author of the policy.

TSC Adopts New Rule Addressing Collaborative Family Law

Posted by: Katharine Heriges on Apr 1, 2019
After opening the issue up to public comment in 2017, directing the Alternative Dispute Resolution Commission to provide comment in June 2018 and holding hearings in October 2018, the Tennessee Supreme Court has officially adopted Rule 53, which addresses the practice of Collaborative Family Law. The rule proposal was initially put forth by the TBA in June 2017. It goes into effect immediately.

Supreme Court Adopts Changes to Rule 7

Posted by: Katharine Heriges on Mar 29, 2019
After opening the issue up to public comment earlier this year, the Tennessee Supreme Court has officially adopted amendments to Rule 7, which governs the admission and licensing of attorneys in the state. Changes include edits to the rules governing students attending non-American Bar Association accredited law schools, approval of law schools seeking ABA accreditation and more. The rule goes into effect immediately. The court received comments from deans, clinic directors and law school faculty members.

TSC: Banks Not Protected From Liability After Removing Joint Tenant From Account Without Consent

Posted by: Katharine Heriges on Mar 20, 2019
The Tennessee Supreme Court ruled today a bank that removed an individual from an account held as a joint tenant with right of survivorship without the individual’s permission was not protected from liability. The Court found the plaintiff had sufficiently alleged claims for relief against the bank by asserting that the bank removed his name from the accounts without his consent and breached its duty to him as a co-owner of the accounts by accepting forged signature cards to remove him from the accounts. Justice Cornelia Clark authored the unanimous opinion.

TSC Rules Media May Not Be Compelled to Disclose Protected Information

Posted by: Katharine Heriges on Mar 13, 2019
The Tennessee Supreme Court ruled today that the fair report privilege provided to journalists cannot be defeated by either express or actual malice. The decision came in an appeal arising out of a defamation action that Davidson County District Attorney General Glenn Funk filed against Scripps Media Inc. and Nashville reporter Phil Williams. The Supreme Court sent the case back to the trial court for further proceedings to determine if the reports were fair and accurate and whether the information was obtained from an official action or proceeding. Justice Cornelia Clark authored the court's opinion.

Tennessee Supreme Court Adopts Good Faith Exception to Exclusionary Rule

Posted by: Katharine Heriges on Mar 12, 2019
The Tennessee Supreme Court has adopted a good-faith exception similar to one set forth by the United States Supreme Court in Herring v. United States, which held “that when police mistakes are the result of negligence . . . rather than systemic error or reckless disregard of constitutional requirements,” the evidence is not subject to the exclusionary rule. The court was divided, with Justice Roger Page authoring the majority opinion, and both Justice Holly Kirby and Justice Sharon Lee authoring separate opinions which concurred and dissented in part.

Court Seeking Comments on Proposed Rule 46A

Posted by: Katharine Heriges on Feb 20, 2019
The Tennessee Supreme Court is considering the adoption of Tennessee Supreme Court Rule 46A, which would govern the electronic service of papers that are e-filed, and it is seeking comments from the legal community and the public on the proposed rule. The deadline for submitting written comments is March 22. Comments should be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.

Court Adopts Changes to Rule 17

Posted by: Katharine Heriges on Feb 15, 2019
The Tennessee Supreme Court has adopted amendments to the uniform judgment document set forth in Rule 17. On Sept. 25, the court filed an order seeking public comments on the proposed amendments. The court received five comments prior to the Nov. 27 deadline. The amendments will take effect immediately.

Court Extends Deadline for Comments on Proposed Changes to Rule 7

Posted by: Katharine Heriges on Feb 15, 2019
The Tennessee Supreme Court has granted a motion to extended the deadline to submit comments on proposed amendments to Rule 7. The new deadline is March 15. In an order filed Jan. 17, the court set a deadline of Feb. 15 for filing written comments, and the Tennessee Board of Law Examiners filed a motion asking to extend the deadline. Comments should be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.
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