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Posted by: Azya Thornton on Dec 3, 2025

Defendant, Jay Junior Heifner, appeals the Knox County Criminal Court’s revocation of the three-year term of probation imposed for his 2021 guilty-pleaded conviction of theft, arguing that the trial court was without jurisdiction to revoke his probation because the violation warrant was void and that the trial court erred by ordering that he serve the balance of his sentence in confinement. We conclude that because the affidavit in support of the violation warrant failed to comply with the statutory and rule-based requirements, the affidavit was void, the violation warrant was void, and the ensuing revocation proceeding was void. Accordingly, the judgment of the trial court is reversed, and the case is remanded to the trial court to determine whether, in the absence of a validly issued probation violation warrant, Defendant’s term of probation has expired.

Posted by: Azya Thornton on Dec 3, 2025

This is an action to enforce a 2020 arbitration award (the “Award”), which was confirmed by the Chancery Court for Davidson County in 2021. The subject of the arbitration was Chevy Chase ASC, LLC (“CCASC”), a two-member Tennessee limited liability company, which was formed and operated by Chevy Chase G.I. Investors, L.C. (“Plaintiff”), and AmSurg Holdings, Inc. 1 (“Defendant”). The Award stated, in pertinent part, that the voluntary dissolution of Plaintiff would “trigger the mandatory dissolution” of CCASC. Following Plaintiff’s voluntary dissolution, however, Defendant refused to dissolve or wind up the affairs of CCASC. Defendant contended that it had the statutory right under the “dissolution avoidance” provision of Tennessee Code Annotated § 48-245-101(b) to continue operating CCASC as a single-member limited liability company. Relying on the Award and the 2021 court order confirming the Award, Plaintiff commenced this action to compel Defendant to dissolve CCASC and wind up its business affairs. Finding the Award to be unambiguous, the Chancellor ordered “the immediate liquidation and dissolution of CCASC. ” This appeal followed. Finding no error, we affirm.

Posted by: Azya Thornton on Dec 3, 2025

In this divorce case, Father/Appellant appeals the trial court’s: (1) allocation of parenting time; (2) inclusion of special provisions in the parenting plan; (3) finding that Father was willfully underemployed; (4) award of an upward deviation in Father’s child support obligation; (5) division of the marital estate; and (6) grant of Mother/Appellee’s petition for divorce on the ground of inappropriate marital conduct. Discerning no error, we affirm. Wife’s request for appellate attorney’s fees is granted.

Posted by: Azya Thornton on Dec 3, 2025

Judge Thomas A. Varlan of the U.S. District Court for the Eastern District of Tennessee has announced that he will take senior status effective Oct. 5, 2026, The Chattanoogan reports. Varlan, who was nominated by President George W. Bush, has served as an active district judge for more than 22 years. He also served as chief judge of the district from 2012 to 2019. In commenting on his decision, Varlan said, “It has been my honor and privilege to have served our community and nation as a district court judge. I look forward to continuing to render substantial service to the court as a senior judge."

Posted by: Azya Thornton on Dec 3, 2025

Republican Matt Van Epps prevailed over state Rep. Aftyn Behn, D-Nashville, in a special election for Tennessee’s 7th Congressional District Tuesday, The Tennessee reports. Van Epps edged Behn by nearly nine percentage points in a district Democrats have lost by more than 20 points in recent election cycles. With more than 95% of the votes counted, Van Epps received 53.9% of the vote, while Behn earned 45.1%. Van Epps, a West Point graduate and combat veteran who worked in Gov. Bill Lee’s administration, beat 10 Republicans to win the party primary.

Posted by: Azya Thornton on Dec 3, 2025

Tennessee Attorney General (AG) Jonathan Skrmetti is leading a coalition of state attorneys general in opposing a new university participant agreement issued by the College Sports Commission (CSC), according to a press release from his office. The group argues that the terms of the agreement would harm student-athletes, eliminate institutional transparency and impose severe penalties on schools. In a letter to the CSC and the four athletic conferences, Skrmetti and seven other states’ chief legal officers warn that the agreement would allow the CSC to strip conference revenue, impose postseason bans and force universities into mandatory arbitration and sweeping gag orders. The letter also argues the agreement’s enforcement system is arbitrary and suggests it may be intended to bolster support for the controversial SCORE Act in Congress. The group urged the CSC to withdraw the proposal and work with member schools to craft a lawful framework that protects student-athletes and ensures transparency and accountability.

Posted by: Azya Thornton on Dec 3, 2025

U.S. District Judge Eli Richardson recently dismissed a lawsuit from death row inmate Harold Wayne Nichols, who had sought to challenge Tennessee’s new lethal injection protocol. The Tennessean reports that Richardson ruled that the statute of limitations barred Nichols from bringing suit. Richardson also found that other execution methods would not be less painful, feasible or readily implemented than lethal injection by pentobarbital. Nichols’ attorney, Stephen Ferrell, said he was disappointed Richardson did not hold a hearing before dismissing the case. He has filed an appeal of the decision. Nichols is schedule to die on Dec. 11.

Posted by: Azya Thornton on Dec 3, 2025

The state of Tennessee officially has asked an appeals court to overturn a lower court ruling that Gov. Bill Lee improperly sent the Tennessee National Guard to Memphis, The Daily Memphian reports. According to the paper, the state filed its application for an interlocutory appeal with the Tennessee Court of Appeals, arguing that Davidson County Chancellor Patricia Head Moskal was wrong when she ruled that Lee had acted outside his authority and issued an injunction. The injunction currently is stayed as the case works its way through the appeals process, leaving the guard to continue its mission in the city. Last month, the state requested permission to appeal Moskal's ruling. The state maintains that addressing crime is one of the allowable reasons for deploying the guard under Tennessee law.

Posted by: Azya Thornton on Dec 3, 2025

The TBA is offering an on-demand virtual 12-hour package as part of its Year End CLE event. The bundle includes a mix of sessions focused on ethics, AI, law practice management, professional skills, wellness, legislative updates, public speaking for attorneys, tech trends and law office accounting. Check out the specific courses included in the package on the TBA website. Looking for something else? TBA also has six, eight, 10 and 15-hour packages, packages based on specific topics or practice areas, live webcasts and on-demand video all month long. Explore all the options to complete your CLE requirement by Dec. 31.

Posted by: Azya Thornton on Dec 3, 2025

Veteran Tennessee litigators and former TBA Presidents Marcy Eason of Chattanooga and Al Harvey of Memphis will join Russell Fowler for a Dec. 17 webcast on litigation practice, offering lessons learned in the courtroom and discussing strategies for effective civil litigation. The program will highlight how professionalism, civility and ethical conduct are essential to succeeding in the legal profession. For more information and to register visit the TBA website.


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