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Posted by: Azya Thornton on Nov 12, 2025

In this case involving the sale of a life insurance policy, the trial court conducted a hearing on the same day regarding the four defendants’ various motions to dismiss and the plaintiffs’ motion for summary judgment. The court denied the defendants’ motions to dismiss. Concerning three defendants, including the appellant, the court partially granted the plaintiffs’ motion for summary judgment as to liability upon finding that those defendants had failed to respond to the summary judgment motion. Following a subsequent bench trial, the trial court found that the defendants had breached an agreement with the plaintiffs to sell the life insurance policy directly to the plaintiffs, selling it to a separate trust instead, and that the defendants had done so through a “scheme to defraud” the plaintiffs. Upon the plaintiffs’ amended complaint, the trial court also found that the defendants had violated the Tennessee Viatical Settlement Act of 2009, codified at Tennessee Code Annotated § 56-50-101, et seq. Finding the defendants to be jointly and severally liable, the trial court awarded to the plaintiffs a judgment in the amount of $418,450.87 plus attorney’s fees in the amount of $252,867.19. One of the defendants has appealed. Discerning no reversible error, we affirm the judgment with the correction of one mathematical error. Pursuant to the terms of the trust agreement, we grant the plaintiffs’ request for an award of reasonable attorney’s fees on appeal. We remand this case to the trial court for enforcement of the modified judgment and for a determination of the plaintiffs’ reasonable attorney’s fees incurred on appeal.

Posted by: Azya Thornton on Nov 12, 2025

Appellants purchased a home without first personally viewing the property. Following the sale, Appellants discovered defects that they claim should have been disclosed to them prior to the sale. The trial court granted motions for summary judgment in favor of the sellers of the house and the licensed home inspector. Discerning no error, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Nov 12, 2025

The trial court dismissed the appellant’s appeal from general sessions court on the basis that his notice of appeal was untimely. We affirm.

Posted by: Azya Thornton on Nov 12, 2025

The Middle Point Landfill in Murfreesboro, which takes in trash from Davidson County and more than 30 other localities, has received multiple state and city violations this year for issues including litter, leachate runoff and methane emissions, WPLN reports. In March, the Tennessee Department of Environment and Conservation cited the landfill for “major violations” and “minor violations” between June and September. The city of Murfreesboro also issued violations in September for air and water pollution. City attorneys raised concerns about recurring methane emissions and leachate containing PFAS chemicals entering nearby waterways. Middle Point, owned by Republic Services and BFI Waste Systems of Tennessee, dismissed the city’s claims as “grandstanding,” saying the violations were minor and that it passively receives PFAS-contaminated materials from other sources. The landfill, Tennessee’s largest by volume, also has faced years of odor complaints.

Posted by: Julia Wilburn on Nov 12, 2025

TBA President Heidi Barcus has formed a task force to gather and review feedback from TBA members regarding the Tennessee Supreme Court’s order soliciting comments on regulation of the legal profession. Feedback should be sent to townhall@tnbar.org by Dec. 12 at 11:59 p.m. CST and should be specific in nature. All comments will be shared with the task force. The TBA welcomes candid feedback from all viewpoints. Watch for more information in TBA Today in the coming months on additional ways to share your thoughts on this important issue. Thank you to those members who have agreed to serve on the task force. They are: Brandon Bass, Lisa Cole, Dixie Cooper, Mike Galligan, Ed Lanquist Jr., Mary Beth Maddox, Jimmie Miller, Randy Noel, Sarah Sheppeard, Scott Sims, Charles Swanson, Danny Van Horn, Howard Vogel. and John Wilks. The task force will be chaired by Sarah Sheppeard.

Posted by: Azya Thornton on Nov 12, 2025

Tennessee public libraries are reviewing their collections after Secretary of State Tre Hargett sent a series of letters ordering librarians to assess the “age-appropriateness" of books in their children and young adult sections. The review aims to “identify any materials that may be inconsistent with Tennessee age-appropriateness laws, in violation of any federal law, including President Trump's Executive Order, or otherwise contrary to any other applicable state or federal laws.” The letters also reminded librarians that they have to comply with relevant laws in order to receive grant funds, the Nashville Scene reports. Library directors are to provide a final report of their findings to the Tennessee secretary of state and the Tennessee state librarian and archivist by Jan. 19, 2026.

Posted by: Azya Thornton on Nov 12, 2025

The Metro Nashville Public Schools (MNPS) Board unanimously approved a $300,000 settlement in a lawsuit filed by the family of 16-year-old Josselin Corea Escalante who was fatally shot by another student at Antioch High School earlier this year, The Tennessean reports. The settlement covers all attorneys fees. The family filed the suit in July against Metro Nashville and MNPS, seeking $700,000 in damages. The suit argued that the district should have known the shooter posed a danger to students and failed to prevent the violence, and that it was negligent in operation of its security system for not detecting the shooter’s firearm. MNPS Board Chair Freda Player said the district has partnered with the Metro Nashville Police Department to increase the presence of school resource officers at Antioch High and to add safety measures districtwide.

Posted by: Azya Thornton on Nov 12, 2025

Two female inmates at the Shelby County women’s jail say they were assaulted by a male inmate who was being housed with them last year due to overcrowding at the men’s jail. The federal lawsuit, filed Nov. 10, alleges the male inmate gained access to the women’s cells through a broken door. It also claims that a staff member opened the door, another staff member witnessed the assault but did not intervene or alert others, and that staff failed to report the incident or follow up afterward. The suit names the Shelby County government, Sheriff Floyd Bonner and several jail staffers. The women are seeking a jury trial and an unspecified amount in damages, according to the Daily Memphian,

Posted by: Azya Thornton on Nov 12, 2025

The Tennessee Department of Human Services has announced it would begin processing partial Supplemental Nutrition Assistance Program (SNAP) payments, which could be available as soon as today, according to a news release. The U.S. Department of Agriculture Food and Nutrition Service has directed states to issue 65% of benefits this month, Knox News reports. Remaining benefits for the month will be issued after the federal government reopens. SNAP customers who were originally scheduled to receive their benefits Nov. 1–12 will begin to see payments on Nov. 12, the release said. Tennessee SNAP recipients can use the One DHS Customer Portal to view the latest case details.

Posted by: Azya Thornton on Nov 12, 2025

Chattanooga attorney Robert Lee Brown died Nov. 9 at age 86. Brown earned his law degree from Vanderbilt University Law School in 1964 and served in the U.S. Army as a judge advocate attorney. He began his legal career in Atlanta before relocating to Chattanooga, where he became president and owner of Legal Title and Escrow Inc. According to his obituary, Brown served as a past chair of the TBA's Real Estate Section and as a past president of the Tennessee Land Title Association. Throughout his career, he was an instructor for the Tennessee Bar Association, Chattanooga Bar Association, Georgia Bar Association, Tennessee Association of Realtors and the National Business Institute. A celebration of life will be held Nov. 16 from 1 to 3 p.m. CST at the Heritage Landing Community Clubhouse on Heritage Landing Drive in North Chattanooga.


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