TBA Law Blog


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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.

Posted by: Stacey Shrader Joslin on Aug 14, 2025

The Tennessee Supreme Court is seeking public comments on a petition filed by the Tennessee Bar Association (TBA), which would amend Rule 9, section 10.1 to allow bar associations geographically located in the state to receive certain information from the Board of Professional Responsibility. The deadline for submitting written comments is Oct. 13. Comments should reference docket number ADM2025-01205 and be emailed to appellatecourtclerk@tncourts.gov or mailed to Clerk of the Supreme Court James Hivner, RE: Proposed Amendment to Tenn. Sup. Ct. R. 9, § 10.1, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219-1407. Read the court’s full order.

Posted by: Stacey Shrader Joslin on Aug 12, 2025

The Tennessee Supreme Court recently declined to hear the final appeal of an anti-transit referendum group, nine months after Nashville voters approved a sweeping transit proposal. The Committee to Stop an Unfair Tax and former council member Emily Evans pursued litigation after losing their bid to defeat the ballot initiative. While an appellate panel ruled in April that the transit tax could not be used to buy land for transit-adjacent housing and parks, it largely left the measure untouched, echoing an earlier opinion by the chancery court. The Nashville Banner highlights the court’s action in its daily newsletter.

Posted by: Stacey Shrader Joslin on Aug 11, 2025

The TBA filed a petition with the Tennessee Supreme Court to amend Rule 9, section 10.1 to allow bar associations geographically located in the state to receive certain information from the Board of Professional Responsibility. The current rule limits public access to certain contact information to protect attorneys’ safety. The TBA unequivocally supports limiting public access to information to protect attorneys and retired judges from harm to their persons and property. In its petition, the TBA is asking the court to clarify that bar associations serve a different role than members of the public for purposes of sharing this information. Read the full petition and the proposed amendment.

Posted by: Stacey Shrader Joslin on Jul 31, 2025

The Tennessee Supreme Court ruled unanimously today that a defibrillator implanted in Byron Black’s chest does not have to be deactivated before the state executes him next week. The Nashville Banner reports that the decision reverses an opinion from Davidson County Chancellor Russell Perkins that directed the state to disable the device. Perkins issued that order after hearing from medical professionals that the device could put Black at risk of a prolonged and torturous death. The state appealed that ruling to the high court, arguing it could not deactivate Black’s defibrillator on the day of the execution, and asking whether it could be done the day before. The justices said that because Black would not agree to that timeframe, the lower court order was operating “effectively and practically” as a stay of its execution order, which a trial court does not have the authority to “stay, modify or condition.” The court did note at the end of the opinion though that nothing in its decision prevents the parties from reaching an agreement on deactivation of the device. The decision comes after news that Nashville General Hospital had not agreed to perform the procedure, according to The Tennessean. Black’s lawyers continue to pursue other remedies, calling on Gov. Bill Lee to halt the execution and asking the U.S. Supreme Court for a stay.

Posted by: Azya Thornton on Jul 28, 2025

The City of Memphis is taking its legal battle against the Memphis police union to the Tennessee Supreme Court, asking the justices to pause court-mandated demotions of officers, The Commercial Appeal reports. The request follows rulings by an arbitrator, Shelby County Circuit Court and the Tennessee Court of Appeals that the city violated its memorandum of understanding with the union by establishing the rank of second lieutenant outside the bargaining agreement. The arbitrator directed to the city to demote all those given the rank and remove the rank from further usage. The city argues the demotions would cause "chaos" on the street and damage public safety initiatives. The Memphis Police Association claims continued use of the rank causes harm to officers excluded from union representation.


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