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Posted by: Julia Wilburn on May 25, 2026

The Tennessee State Museum on May 30 will premiere a new documentary about the origins of the state flag and its designer, Captain Le Roy Reeves. A graduate of Johnson City College, Reeves originally planned to become a teacher. After a brief stint, he left teaching to take the Tennessee Bar Exam and joined his father’s law practice in Johnson City. Just as Reeves was beginning his law career, he decided to join the National Guard, earning the rank of captain. Disappointed with the state’s lack of heraldry and a unifying symbol for its three Grand Divisions, Reeves began drafting designs and selecting colors for a flag that would be “distinctly Tennessee.” For two years, Reeves appealed to legislators, military officials and civic groups before the flag was adopted on April 17, 1905. Read more in a press release from the museum and view a photo of Reeves' original sketch.

Posted by: Julia Wilburn on May 25, 2026

Knoxville lawyer Joe Mont McAfee died May 17 at age 89. He completed his law degree at the University of Tennessee (now Winston) College of Law. In 1961, he was commissioned as first lieutenant in the Army JAG Corp completing his military justice training at the University of Virginia School of Law. McAfee practiced business law at Egerton, McAfee, Armistead & Davis Law Firm, founded by his father in 1932, representing several Knoxville institutions including White Stores, Weigels and Cherokee Distributing Company. He was a member of the Knoxville Bar Association and a fellow of the Tennessee Bar Association. A reception to celebrate his life will be held at Cherokee Country Club, 5138 Lyons View Pike, Knoxville 37919 on June 21 from 4-6 p.m. In lieu of flowers, the family requests that donations be made in McAfee’s name to West Hills Presbyterian Church, 7600 Bennington Dr. NW, Knoxville 37909 or the University of Tennessee College of Nursing, 1200 Volunteer Blvd., Knoxville 37916.

Posted by: Julia Wilburn on May 25, 2026

The University of Tennessee Winston College of Law has announced that Art Stolnitz Distinguished Professor of Law Paula Schaefer has been named interim dean of the law school, beginning July 1. She will succeed Lonnie T. Brown Jr., who has been named dean of Temple University’s Beasley School of Law. Schaefer joined the Winston Law faculty in 2008 and served as associate dean for academic affairs from 2019 to 2023. She leads the Winston Fellows program and teaches professional responsibility, civil procedure and lawyering & professionalism. She also coordinates and teaches in the Semester in Residence program. A national search for a permanent dean is planned to begin in the fall.

Posted by: David Lazar on May 22, 2026

READLER, Circuit Judge. As the district court aptly observed, this case has proceeded as a metaphorical “ping pong” ball, bouncing between Ohio’s federal and state courts. The latest iteration has the case back in federal court, but only because the district court agreed to equitably toll the 30-day deadline for removing the case. 28 U.S.C. § 1446(b)(1). Helpfully for us, the Supreme Court recently addressed the viability of equitable tolling in the removal context. Enbridge Energy, LP v. Nessel ex rel. Michigan, 146 S. Ct. 1074 (2026). But unhelpfully for defendant GateHouse Media Ohio Holdings II, the Supreme Court held that § 1446(b)(1)’s 30- day deadline cannot be equitably tolled. See id. at 1086. Because Enbridge forecloses GateHouse’s equitable tolling argument, and because there is no other basis for authorizing GateHouse’s otherwise untimely removal, we reverse the district court’s judgment with instructions to again remand the case to state court.

Posted by: Julia Wilburn on May 22, 2026

Plaintiffs Marvin Cotton and Anthony Legion spent nearly twenty years in prison for murder convictions and sentences that were vacated in 2020. In the years following their convictions, evidence came to light suggesting that key witness testimony was fabricated, other material evidence was withheld that would have undermined this testimony, and that Defendants, Detroit Police Department Investigator Donald Hughes and Sergeant Walter Bates, were involved in such misconduct. Cotton and Legion brought suit, contending that their constitutional and statutory rights were violated in three ways: first, by Bates’s and Hughes’s withholding of favorable evidence that would have undermined the testimony of the State’s two key witnesses at trial, in violation of Brady v. Maryland, 373 U.S. 83 (1963); second, by Hughes’s fabrication of evidence and testimony that led to the initiation of charges against Cotton and Legion and their continued detention, giving rise to federal and state malicious prosecution claims; and third, by Bates’s fabrication of key witness testimony, giving rise to a federal fabrication of evidence claim. Bates and Hughes moved for summary judgment on all claims, arguing primarily that they are entitled to qualified or state statutory immunity. The district court denied their motion in part and granted it in part, and they appealed. Because we do not have interlocutory jurisdiction over several aspects of this appeal, we DISMISS some claims. For those claims that we may review on the merits, we AFFIRM.

Posted by: David Lazar on May 22, 2026

A restaurant based in Williamson County sued a restaurant based in Rutherford County in Williamson County Chancery Court over the use of the name Jasmine. The defendant moved to dismiss for lack of venue, and the plaintiff amended the complaint, including allegations that the defendant provided services in Williamson County, advertised in Williamson County, and caused customer confusion and economic harm in Williamson County. The chancery court granted the motion to dismiss, concluding the fact that the plaintiff alleged economic harm in Williamson County was not sufficient to establish venue. We reverse the dismissal and remand for further proceedings.

Posted by: Julia Wilburn on May 22, 2026

This is an appeal from the Workers' Compensation Appeals Board, which affirmed the judgment of the Court of Workers' Compensation Claims awarding death benefits. On June 22, 2023, Employee, a professional truck driver, was stopped by a deputy sheriff after the officer observed pieces of inetal falling out of Employee's trailer. During this stop, Employee suffered a heart attack and died on scene. Employee's wife filed a petition for benefit determination, and the case ultimately proceeded to a hearing where the parties disputed causation. The Court of Workers' Compensation Claims ("Trial Court") awarded benefits, finding that Employee's wife had shown to a reasonable degree of rnedical certainty that the June 22, 2023 work incident contributed more than fifty percent to Employee's heart attack and death when considering all causes. The Workers' Compensation Appeals Board ("Appeals Board") affirmed. Employer has appealed and the appeal has been referred to the Special Workers' Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. We affirm.

Posted by: Julia Wilburn on May 22, 2026

A plaintiff sued a physician and the physician’s practice, alleging the physician performed a biopsy during a medical office visit without the plaintiff’s consent. The trial court dismissed the plaintiff’s claim for failure to comply with the pre-suit notice requirement in the Health Care Liability Act. Because the court also determined that the action was time- barred, it dismissed the complaint with prejudice. We conclude that the plaintiff’s claim relates to the provision of, or failure to provide, health care services. So we affirm the dismissal of the complaint for failure to comply with the Health Care Liability Act. But because we conclude that the complaint does not clearly show that it was filed more than one year after the plaintiff discovered the injury, we modify the dismissal to a dismissal without prejudice.

Posted by: Julia Wilburn on May 22, 2026

A Shelby County jury convicted the Defendant, Richard Higgs, Jr., of rape of a child, sexual battery by an authority figure, and incest, and the trial court sentenced him to a total effective sentence of fifty years. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. After review, we affirm the trial court’s judgments.

Posted by: Stacey Shrader Joslin on May 22, 2026

The Nashville Bar Association’s Diversity Committee is joining with the Tennessee Bar Association and the Stonewall Bar Association to walk in Nashville’s Pride Parade on June 27. The parade starts at 10 a.m. and is expected to run until 1 p.m. CDT. RSVP to participate. The lineup number will posted on the NBA website closer to the event. Thank you to Husch Blackwell and Spencer Fane for sponsoring the event. For more information about the parade, including parade rules and map, visit www.nashvillepride.org.


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