TBA Law Blog


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Posted by: Katharine Heriges on Nov 28, 2017

On Sept.13, the Tennessee Supreme Court filed an order soliciting written comments concerning proposed amendments to Rule 12, section 1, and the First-Degree Murder Report which is appended to Rule 12. The deadline for submitting written comments was Oct 13, and the Court received no written comments during that period. The amendments were adopted and take effect immediately.

Posted by: Katharine Heriges on Nov 27, 2017

In the parental termination case In re Bentley D., the Tennessee Supreme Court concluded that a father’s notice of appeal, signed by his attorney but not the father personally, satisfies the statutory signature requirement for appeals in parental termination cases. The court remanded the case to the Court of Appeals for consideration of the father’s appeal on the merits. Chief Justice Jeffrey S. Bivins authored the unanimous opinion.

Posted by: Katharine Heriges on Nov 27, 2017

The Tennessee Supreme Court reversed previous rulings that dismissed a lawsuit contesting the will of a Hamilton County man who died in 2015. In a 2013 will the deceased, Dr. J. Don Brock, left behind a sizeable estate to his wife, two stepdaughters and two children from a previous marriage, but excluded five children from the previous marriage. The Supreme Court declined to adopt a broad rule precluding persons disinherited by successive wills from ever bringing a will contest. Instead, the court ruled that parties may establish standing to contest a will by showing that they would be entitled to share in the decedent’s estate if the challenged will, or challenged wills, were set aside or no will existed and the laws of intestacy applied. Justice Cornelia A. Clark authored the court's unanimous opinion.

Posted by: Katharine Heriges on Nov 21, 2017
The Tennessee Supreme Court has clarified when self-defense can be claimed, when the person making the claim is engaged in unlawful activity at the time of the incident. In the case of State of Tennessee v. Antoine Perrier, the Supreme Court held that the defendant, who admitted to being a felon in possession of a handgun, was engaged in unlawful activity, and concluded that there was a sufficiency of proof to support the defendant’s conviction.
Posted by: Katharine Heriges on Nov 21, 2017
The Tennessee Supreme Court ruled this week that a home inspector is not liable for the injuries of a social guest of a homeowner who was injured when a railing collapsed shortly after purchase. The majority of the court’s justices found that the inspector did not voluntarily assume a duty to third parties like the plaintiff, who was a guest of the homebuyer. Justice Roger A. Page wrote the majority opinion, while Justice Holly Kirby filed a separate opinion concurring in part and dissenting in part. Justice Sharon G. Lee filed a third opinion in dissent.
Posted by: Katharine Heriges on Nov 20, 2017

The Tennessee Supreme Court has affirmed the convictions and death sentences for Sedrick Clayton in the murders of Arithio, Patricia, and Pashea Fisher, and the conviction for attempted murder of A’Reco Fisher in Memphis. The court found the sentences were not arbitrary nor were they disproportionate to sentences imposed in similar cases. Justice Roger A. Page wrote the majority opinion, with Justice Sharon G. Lee authoring a concurring opinion.

Posted by: Katharine Heriges on Nov 17, 2017
In Jean Dedmon v. Debbie Steelman et al., the Tennessee Supreme Court declined to change a state law that outlines what evidence can be used to prove medical expenses in cases involving personal injury. The court held that Tennessee law continues to allow plaintiffs to use full, undiscounted medical bills to prove their medical expenses instead of the discounted amounts paid by insurance companies. Justice Holly Kirby authored the unanimous opinion in the case that was originally filed in Crockett County.
Posted by: Katharine Heriges on Nov 9, 2017
In a case involving questions about jury deliberations that continued into the early morning hours, the Tennessee Supreme Court determined that the defense did not adequately object to the late-night session to appeal and that the issue cannot be reviewed under the plain error doctrine. To provide direction on this issue to attorneys and judges, a majority of the Court determined the appropriate standard of review for future cases involving late-night jury deliberations is abuse of discretion. Justice Roger A. Page authored the majority opinion in the case, State of Tennessee v. Susan Jo Walls, while Justice Sharon G. Lee wrote a concurring opinion.
Posted by: Katharine Heriges on Oct 20, 2017

In a Hamblen County case involving a trust for a severely disabled child, the Tennessee Supreme Court held that Tennessee law authorized the trustee to sign an agreement requiring the trust to arbitrate claims against the broker who managed the trust funds. In a unanimous opinion, the Supreme Court reversed the court of appeals denying arbitration, and vacated the trial court’s order requiring arbitration of all of the trust beneficiary’s claims. The case was sent back to the trial court to determine which of the beneficiary’s claims had to be decided by an arbitrator. 

Posted by: Katharine Heriges on Oct 20, 2017
The Tennessee Supreme Court has clarified when and how both trial and appeals courts can reduce jury verdicts. A Memphis truck driver was awarded $3.7 million in damages by a jury in a case, but the trial court reduced the amount of the jury’s award (called a “remittitur”) to $2.1 million. The court of appeals affirmed part of the trial court’s remittitur of the jury’s award and reversed other parts of it. In addition, it also reduced the damages for “loss of enjoyment of life” even further, from $400,000 down to $50,000. The Supreme Court held that an appellate court may order its own remittitur of a jury’s damage award, even if the trial court has already reduced the award, but the appellate court may do so only if the award as reduced by the trial court “exceeds the uppermost boundary of the range of reasonableness,” i.e., is not supported by material evidence. The court of appeals did not follow this standard, and the Supreme Court reversed its remittitur of the jury’s award for loss of enjoyment of life.   

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