TBA Law Blog

TBA Law Blog

769 Posts found
Previous • Page 65 of 77 • Next

Court Seeking Comments on Amendments to Rule 21

Posted by: Katharine Heriges on Feb 11, 2019
The Tennessee Supreme Court is seeking comments from judges, lawyers, bar associations and members of the public on proposed changes to Rule 21, which governs the rule for mandatory continuing legal education. The deadline for submitting written comments is April 12. Written comments should be emailed to appellatecourtclerk@tncourts.gov or mailed to James Hivner, Clerk, Re: Tennessee Supreme Court Rule 21 Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.

TSC Rules Employer Had No Duty to Use AED to Assist Employee in Need of Medical Care

Posted by: Katharine Heriges on Jan 31, 2019
The Tennessee Supreme Court has ruled that an employer is not liable for workers’ compensation benefits for not using an available automated external defibrillator (AED) to assist an employee who suffered a non-work related medical emergency. An AED is a medical device that delivers an electric shock to the heart to restore a normal heart rhythm after the heart suddenly stops beating or starts beating irregularly. Tennessee has statutes that encourage businesses to acquire AEDs and provide immunity from civil liability under certain conditions. Justice Sharon Lee wrote the unanimous opinion.

TSC Upholds Death Penalty for Shelby Man

Posted by: Katharine Heriges on Jan 30, 2019

The Tennessee Supreme Court has upheld two death sentences for Henry Lee Jones, who was convicted of murdering two individuals in their Bartlett home in 2003. The court, which is required to review all death penalty cases, found no error in the lower court rulings in the case. Chief Justice Jeff Bivins wrote the majority opinion while Justice Sharon Lee authored a concurring opinion.

Supreme Court Upholds Suspension of Memphis Attorney's Law License

Posted by: Katharine Heriges on Jan 24, 2019
The Tennessee Supreme Court today upheld a decision to suspend the law license of Gerald S. Green, a Memphis attorney with a long history of disciplinary sanctions. The suspension includes 30 days of active suspension with the remaining five and a half months to be served on probation with conditions. The suspension stems from two client complaints against Green and an additional complaint that he practiced law in Mississippi without complying with that state’s rule governing pro hac vice admission. The first complaint involved a client in a dispute over subpar plumbing work, in which Green offered no proof and made no argument, and his client lost. The second complaint saw a client whom Green failed to advise on numerous occasions. In deciding his suspension, the hearing panel took into account Green's 17 prior disciplinary violations. Read a press release from the Board of Professional Responsibility.

TSC Allows Applicants Affected By Federal Government Shutdown To Take Tennessee Bar Exam

Posted by: Katharine Heriges on Jan 24, 2019
The Tennessee Supreme Court issued an order today allowing the Tennessee Board of Law Examiners to reopen bar exam applications for the February 26-27, 2019, exam to allow applicants who had applied to take the exam in Washington, D.C. to take the exam in Tennessee. Around 900 law graduates had planned to take the D.C. bar exam, which may be canceled because of the federal government shutdown. By reopening the applications for the Tennessee exam, the Supreme Court will extend an opportunity for up to 70 February D.C. exam applicants, many of whom are from Tennessee, to take the exam in Nashville. "Tennessee is in a position to help bar exam applicants adversely affected by the federal government shutdown," said Chief Justice Jeff Bivins. "We are known as the Volunteer State, and the Tennessee Supreme Court and the Board of Law Examiners are ready to step up and do what is needed." 

TSC Holds That Evidence Cannot Be Used To Contradict Written Words In Contract

Posted by: Katharine Heriges on Jan 23, 2019
In a case closely watched by the state’s business community, the Tennessee Supreme Court has held that trial courts cannot use evidence outside of the written agreement—called “extrinsic” evidence—to interpret a contract if that evidence is used to contradict the contract’s written terms. The Supreme Court commented that Tennessee judges have long used extrinsic evidence of the circumstances when parties entered into a contract to interpret what they intended the written words to mean. However, the court said, “the written words are the lodestar of contract interpretation.” Tennessee law does not allow the use of extrinsic evidence of pre-contract negotiations to justify an interpretation of the contract that contradicts the contract’s written words. Read the unanimous opinion, authored by Justice Holly Kirby, here.

Court Soliciting Comments on Changes to Rule 7

Posted by: Katharine Heriges on Jan 17, 2019
Upon recommendations from the Tennessee Board of Law Examiners, the Tennessee Supreme Court is considering changes to Rule 7, which governs the admission and licensing of attorneys in the state. Changes proposed 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 court is soliciting comments from the legal community and the public, which must be submitted by Feb. 15. 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. Read the order here.

Tennessee Supreme Court Approves Rules Package Amendments

Posted by: Katharine Heriges on Jan 8, 2019

The Tennessee Supreme Court has issued four orders adopting rules amendment that will go into effect on July 1, subject to the green light from the Tennessee General Assembly. The orders include amendments to the Tennessee Rules of Criminal Procedure, the Tennessee Rules of Evidence, the Tennessee Rules of Juvenile Practice and Procedure and the Tennessee Rules of Civil Procedure. The court previously requested comments on the proposed changes, with the comment period ending yesterday.

TSC Holds Evidence Not Enough to Convict for Attempt to Sexually Exploit a Minor

Posted by: Katharine Heriges on Jan 8, 2019
In a divided opinion, the Tennessee Supreme Court has reversed and dismissed the conviction of a Davidson County man for attempted especially aggravated sexual exploitation of a minor — “attempted child sexual exploitation” — in a case in which he secretly videotaped a 13-year-old female relative while she was in her bedroom. Based on the language of Tennessee’s child sexual exploitation statutes, which were adopted to address the production of child pornography, the majority of the Court found that there was not enough evidence at trial to affirm the conviction. Justice Holly Kirby authored the majority opinion, and the dissent was authored by Justice Roger Page.

Supreme Court Calls for Comment on New System for Judicial Discipline

Posted by: Katharine Heriges on Dec 20, 2018
The Tennessee Supreme Court is requesting comment on a proposed new system and procedure for disciplinary enforcement with respect to judges, as the Board of Judicial Conduct will cease to exist on June 30, 2019. A draft of a new Supreme Court Rule 10C is available for review here. The deadline for submitting written comments is March 29. Comments may be sent to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Re: Supreme Court Rule 10C, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, Tennessee 37219-1407.
Previous • Page 65 of 77 • Next

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.