In this matter involving the sale of a parcel of improved real property, the buyer claimed that the sellers should be held liable for fraudulent misrepresentations regarding the condition of the property. The trial court granted summary judgment in favor of the sellers, determining that the presence of an “as-is” clause in the parties’ sales contract precluded the buyer’s recovery. Upon review, we reverse the trial court’s grant of summary judgment with respect to the buyer’s claims of fraudulent misrepresentation and fraudulent concealment as well as her claim based on the Tennessee Residential Property Disclosures Act. We remand these issues to the trial court for further consideration. We affirm the trial court’s grant of summary judgment concerning the buyer’s remaining claims and deny the buyer’s request for reassignment to a different trial court judge upon remand. We also deny the sellers’ request for an award of attorney’s fees.

This appeal arises from a petition for judicial review under Tennessee Code Annotated § 4- 5-322 of a decision of the Tennessee Occupational Safety and Health Administration Review Commission (the “Review Commission”). Asserting that the petition was untimely because it had been filed more than 60 days after entry of the agency’s final order, the Review Commission filed a motion to dismiss for lack of subject-matter jurisdiction under Tennessee Rule of Civil Procedure 12.02(1). The petitioner opposed the motion by asking for an enlargement of time pursuant to Tennessee Rule of Civil Procedure 6.02. The trial court denied the petitioner’s motion for an enlargement of time and granted the Review Commission’s motion to dismiss. The petitioner appeals. Finding no error, we affirm.

The Tennessee Supreme Court on March 31 censured Green County lawyer Catherine Elizabeth Fezell. On May 14, 2024, Fezell was scheduled to appear for a court docket to represent clients in multiple matters. When she failed to appear, she was contacted by court personnel inquiring about her whereabouts. Upon arrival at court, Fezell was observed by multiple witnesses, including court staff and colleagues, to appear to be under the influence. Due to her apparent condition, she could not appear before the court, and the scheduled hearings had to be reset. The Board of Professional Responsibility found that Fezell violated Rule of Professional Conduct 1.1, 1.3 and 8.4(d).

In the second interlocutory appeal in this case, the employee questions the trial court’s order denying his request that a nurse case manager be assigned to his case and that he be awarded attorneys’ fees, costs, and penalties for the employer’s delay in scheduling medical treatment recommended by the authorized physician. The medical treatment in question had been completed approximately two months prior to the trial court’s order and approximately a year after being recommended. The trial court, apparently unaware that the treatment in question had been provided, determined in a decision on the record that the employee will likely prevail at trial in proving his entitlement to the medical treatment but would not likely prevail in establishing his entitlement to the remaining relief he sought. As a result, the court ordered the employer to provide treatment that had already been provided, and the employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

The federal judiciary has requested $9.7 billion in funding for fiscal year 2027, including $920.9 million for courthouse security — a 3.2% increase driven by a 57% surge in serious security incidents against judges last year — and ongoing problems with outdated equipment. The budget also seeks $10 million for a new case management system and nearly $50 million for cybersecurity upgrades following multiple cyberattacks, including a foreign hack targeting sealed court documents. Additionally, the judiciary is requesting $1.8 billion for federal public defenders to address rising caseloads, particularly in immigration and death penalty cases, after a 16-month hiring freeze and a recent shortage of funds to reimburse private attorneys assisting indigent defendants. Bloomberg Law has the story.

Retired Circuit Court Judge Marie Williams was honored at a portrait unveiling ceremony in Chattanooga's Hamilton County Circuit Court last week. The event celebrated her nearly three decades as the first woman to serve as a state court judge in the county. Williams attended the University of Tennessee Winston College of Law and became one of very few female civil litigators in the city before being appointed to the bench in 1995. She subsequently was reelected five times without opposition. Colleagues praised her leadership and practical judgment, with one judge highlighting her steady guidance in keeping courts accessible during the COVID-19 pandemic. Her portrait, commissioned by the Chattanooga Bar Association and painted by artist Sergei Chernikov, now hangs in Division III of the Historic Hamilton County Courthouse. Read more from Chattanoogan.com. See photos from the event.

Memphis Mayor Paul Young on Monday announced that Memphis Police Department (MPD) officers involved in an alleged  confrontation with protesters at Saturday's "No Kings" rally have been placed on administrative leave pending an internal investigation. The officers are under scrutiny for allegedly deploying pepper spray on march marshals and making several arrests. A coalition of 25 community organizations say the officers acted aggressively against a peaceful crowd and have called on leaders to release the names of those involved. The Daily Memphian and the Commercial Appeal report on the developments.

The University of Tennessee Winston College of Law will celebrate the dedication of the Pamela Reeves Institute for Professional Leadership on April 17 at 4 p.m. EDT. RSVP by April 8. A 1979 graduate of the law school, Reeves was the first woman to serve as both district judge and chief judge of the U.S. District Court for the Eastern District of Tennessee. Prior to joining the bench, she was respected mediator in private practice and served as TBA president from 1998-1999. View the event invitation.

John Peden Valliant Jr., age 78, died March 29. He graduated from the University of Tennessee (now Winston) College of Law and served in the U.S. Army National Guard during the Vietnam War era, returning to Knoxville where his law practice spanned five decades. Valliant was deeply involved in civic life and served as chair of the Knox County Democratic Party in 1982. In lieu of flowers, donations may be made to the Humane Society of the Tennessee Valley, 6717 Kingston Pike, Knoxville, TN 37919, or Helping Mamas, 10908 McBride Lane, Knoxville, TN 37932. A memorial gathering will be held on April 1 from 11 to 11:30 a.m. EDT at French Broad Veteran's Memorial Park, 2302 E. Gov. John Sevier Highway, Knoxville 37914, overlooking the river at the court of flags.

A three-judge panel from the Court of Criminal Appeals heard oral arguments last week at the University of Tennessee Winston College of Law. Judges Timothy L. Easter, J. Ross Dyer and Tom Greenholtz, a Winston Law graduate, sat for the court and heard cases including State v. Price, State v. James, State v. Simmons and State v. Lacey. Proceedings can be replayed on the court's YouTube channel. “The law students can actually see a real-life case being argued with real-life names, real-life people, real-life lawyers. We just think it gives flesh and bones to an otherwise stale opinion they might read,” said Easter. “For us, we get to see the future of the bar and these students and it’s a shot in the arm for us to do that.” Read more in a press release from the Administrative Office of the Courts.