The Testator asked her great-niece, a licensed Attorney, to make changes to her will that were to the Attorney’s financial benefit. The Attorney returned to the Testator a revised version of the will, which included the changes requested by the Testator and additional changes. Several months later, the Testator executed the revised will. The Testator’s Nephew, acting as a personal representative, claimed that the Testator lacked capacity and that the new will was a product of undue influence. While the trial court instructed the jury that it must decide which party bore the burden of proof regarding undue influence, the trial court gave the jury a verdict form that definitively indicated that Nephew retained the burden of proof. The jury found in the Attorney’s favor. On appeal, the Nephew presents challenges to several evidentiary rulings as well as a jury instruction concerning the Testator’s capacity, which we affirm. However, Nephew also asserts that the trial court incorrectly instructed the jury with respect to his undue influence claim. We conclude that the trial court’s inconsistent instructions regarding the Nephew’s undue influence claim warrant a retrial as to this claim.

February 9, 2026 - February 13, 2026.

The Shelby County District Attorney's (DA) Office reported quicker case resolutions and a 16% countywide crime reduction in its 2025 annual report. The Commercial Appeal reports that DA Steve Mulroy highlighted that general sessions court cases concluded in an average of 92 days, while felony cases required much longer at roughly 704 days. The office handled more than 123,000 cases in 2025, most of them misdemeanors, with 67% ending in convictions or guilty pleas and 7% in diversion. Mulroy credited the improvements to prioritizing violent crime, expediting case processing and reducing repeat offenses.

The Tennessee General Assembly has passed SB0016/HB0025, allowing middle and high school athletes a one-time school transfer without losing athletic eligibility, as long as the move occurs before the school year begins. The bill, sponsored by Sen. Adam Lowe, R-Calhoun, and Rep. Scott Cepicky, R-Culleoka, now heads to Gov. Bill Lee for approval. If signed, it would take effect July 1. According to the Daily Memphian, the bill seeks to respond to concerns about fairness in transfer rules and limit the ability of the Tennessee Secondary School Athletic Association (TSSAA) to restrict athletes solely for transferring once, while maintaining rules for subsequent moves. In anticipation of the bill passing, TSSAA already has adopted related rule changes, including conditional eligibility timelines and immediate eligibility for students whose schools close. In other education-related news, the state House has approved HB0047/SB0303 allowing, though not requiring, public schools to display the Ten Commandments, along with the Declaration of Independence, the U.S. Constitution, the Constitution of Tennessee and the Bill of Rights. Chalkbeat reports that supporters of the bill argue the Ten Commandments are a foundational historical document relevant to K-12 education across the state. Critics say the measure raises constitutional concerns and infringes on the rights of students who do not practice Christianity.

A new audit by the Tennessee Department of Commerce and Insurance found that Caremark, a pharmacy benefits manager (PBM) and subsidiary of national drug store operator CVS Health, committed multiple violations, including preferential reimbursement to its own pharmacies, spread pricing, improper dispensing-fee payments, and failures in required appeals procedures. The report echoes concerns raised by the Tennessee Pharmacists Association in a statement saying the findings highlight discriminatory actions that hurt independent pharmacies. CVS told the Nashville Post that the company is working with regulators while opposing the newly proposed FAIR Rx Act (SB2040/HB1959), filed by Sen. Bobby Harshbarger, R-Kingsport, which seeks to eliminate PBM conflicts of interest. Bill supporters argue the audit proves the need for greater transparency, while PBM trade group Pharmaceutical Care Management Association disputes the findings.

Legal Aid of East Tennessee and the TBA Young Lawyers Division will hold a virtual name change clinic on March 31 via Zoom at 4:30 p.m. EDT. Interested attorneys should contact Mary Frances DeVoe or use this link to volunteer.

The Governor’s Council for Judicial Appointments will consider eight applicants when it meets to select nominees for an upcoming vacancy on the Court of Criminal Appeals Eastern Section. The vacancy is due to the appointment of Judge Kyle A. Hixson to the Tennessee Supreme Court. The applicants include Bryce William McKenzie, Paul Othneil Moyle IV, Alex E. Pearson, Marshall A. Raines Jr., Hector Ian Sanchez, Stacy Lee Street, Thomas J. Tabor Jr. and Brennan Maureen Wingerter. Public interviews of the applicants will take place March 5 in the courtroom of the Knoxville Supreme Court Building, 505 Main St., Knoxville 37902. At the conclusion of the interviews, the council will vote to send three applicants to the governor. Read more in a press release from the Administrative Office of the Courts.

This webcast replay on Feb. 18 at noon CST will offer valuable insights into enhancing digital presence and improving customer engagement for legal professionals. Adriana Linares from LawTech Partners covers topics such as case management, client portals, document management, financial management, timekeeping, billing and security. Originally presented as part of the TBA's Raising the Bar program, the presentation is designed to help lawyers streamline their workflows, reduce stress and improve overall efficiency. Register on the TBA's website.

The Tennessee Supreme Court this week amended Rule 9, Section 32.1 to add the phrase "or as otherwise provided in an order of this Court" to language regarding confidentiality in investigations of attorney misconduct by the Board of Professional Responsibility. Read the order and see the amended language. The court also announced the addition of Rule 57 regarding sanctions, which may be imposed on an attorney, a law firm or a party for certain behavior before the court. Read the new rule.

The Tennessee Supreme Court temporarily suspended Putnam County lawyer Stephanie Branam Johnson from the practice of law on Feb. 13 after finding she failed to respond to a complaint of misconduct. Johnson is immediately precluded from accepting new cases and must cease representing existing clients by March 15. The suspension will remain in effect until dissolution or modification by the court.