This is a dispute between two brothers concerning the current ownership of real property their father owned at the time of his death. The plaintiff, contending the brothers are tenants in common because their father died intestate and they are his only heirs, seeks to partition the real property formerly owned by their father. The defendant contends he is the sole owner because he had an oral agreement with his father pursuant to which he would be bequeathed the property upon his father’s death in exchange for moving to his father’s property to work the farm and care for his father, which he claims to have done in reliance on the agreement. Thus, the defendant asserted a counterclaim by which he seeks specific performance of the oral agreement, a declaration that he is the sole owner of the property, and dismissal of the partition petition. Relying on the theories of equitable estoppel/estoppel in pais, the defendant also contends that the plaintiff may not assert a defense based on the statute of frauds, Tennessee Code Annotated § 29-2-101(a)(4). The trial court found that the defendant failed to establish a contract to make a will or devise property, and it also held that the alleged oral agreement was too vague to be enforced, that the defendant failed to fulfill his obligations under the agreement, and the agreement was unenforceable based on the statute of frauds. Thus, the court ruled that the parties jointly own the property as tenants in common, dismissed the defendant’s counterclaim and designated the order as a final judgment pursuant to Tennessee Rule of Civil Procedure 54.02. This appeal followed. We affirm.

Members of the TBA Young Lawyers Division recently participated in Balancing the Scales: Voices of First-Gen Lawyers — a panel discussion designed to provide advice and insight to first-generation law students and young lawyers. The panel, moderated by TBA YLD Middle Tennessee Governor Alix Rogers, features YLD board members Raven Austin, Morgan Hanna, Cole Harrell-Morris, Lorne Hiller and Chicoya Smith as they share their journey to the legal profession. Topics discussed include: what it means to be a first-generation lawyer; what they wish they had known at the beginning of their careers; and what pitfalls need to be avoided. Check out their unique, yet relatable stories in this on-demand recording on TBA's YouTube account.

August 11, 2025 - August 15, 2025.

The state attorney general’s office has issued subpoenas seeking abortion-related information from four Tennessee hospitals as part of an ongoing lawsuit challenging the state’s abortion ban, The Tennessean reports. The subpoenas, filed earlier this year, request broad information including the number of abortions performed, policies and guidelines under the law, and documents and communications relating to abortion care. A protective order bars the information from being used outside of the lawsuits. The hospitals have objected to the subpoenas, citing patient privacy laws and other concerns. The lawsuit, filed in 2023 by a group of Tennessee women, argues their lives were endangered after they were denied emergency abortions under the state's ban. They say the law is vague and that physicians are refusing to perform medically necessary abortions out of fear of legal repercussions. The case is scheduled for trial next year.

Federal Public Defender (PD) Kelley Henry said Byron Black’s defibrillator did not activate during his Aug. 4 execution by lethal injection, Nashville Banner reports. Witnesses to the lethal injection said Black lifted his head off the gurney during the execution, groaned and said, “Oh, it’s hurting so bad.” It will be eight to 12 weeks before Black’s autopsy and toxicology reports are available, but Henry warned that the question of what was causing pain may go unanswered. The lethal dose of pentobarbital administered to Black should have rendered him unresponsive within seconds. Her team plans to submit public records requests to gather more information but a state motion to stay all proceedings would prohibit such discovery into the pentobarbital used. A hearing on the state’s motion is set for Aug. 22.

The Tennessee Immigrant and Refugee Rights Coalition (TIRRC) has filed a lawsuit in Davidson County Chancery Court seeking access to records from a May immigration sweep in Nashville that led to about 200 arrests, Axios Nashville reports. The group claims the Tennessee Highway Patrol, which worked with federal immigration and homeland security agents on the operation, failed to release all requested records, denied the existence of some documents, and delayed producing video footage. TIRRC argues the actions violate the Tennessee Public Records Act, which ensures public access to information about state government operations.

The Tennessee Bar Foundation has opened the 2026 Interest on Lawyers’ Trust Accounts (IOLTA) grant application. Established by the Tennessee Supreme Court in 1984, the IOLTA program generates funds that are used to provide civil legal services to the poor and/or improve the administration of justice. The deadline to apply is Sept. 29. Learn more about grant eligibility and guidelines, and access the application portal, at www.tnbarfoundation.org. The foundation was established in 1982. Since its inception, it has contributed more than $32 million to Tennessee nonprofit organizations. Read the full announcement.

Despite strains on the economy, the U.S. legal sector had its fifth straight month of employment growth in July, reaching just shy of the historical peak of 1.2 million jobs in December 2023, Reuters reports. Despite the recent growth, employment in the industry is only 1.7% higher than in May 2007, before the financial crisis and pandemic cut into years of gains. Large law firms have expanded substantially in recent decades, boosting lawyer headcounts and revenues, while technological advances and artificial intelligence have reduced reliance on support staff.

Gov. Bill Lee on Friday appointed Emily Abbott to the 6th Judicial District Criminal Court, which covers Knox County, and William Lane to the 32nd Judicial District Circuit and Chancery courts, which cover Hickman, Lewis and Perry counties, according to a press release. Abbott, an assistant district attorney in the 7th Judicial District, earned her bachelor’s degree from Vanderbilt University and her law degree from the University of Tennessee College of Law. She fills a vacancy created by Judge Steven Sword’s appointment to the Court of Criminal Appeals. Lane, principal attorney at his own practice, earned his bachelor’s degree from the University of Tennessee and his law degree from the Nashville School of Law. He fills a vacancy created by the retirement of Judge Michael Spitzer. Both appointments take effect immediately.

A trial for one of the men accused of planning Memphis rapper Young Dolph’s killing in November 2021 was to begin today, nearly four years after the alleged shooting. Hernandez Govan is the second defendant to face trial in the case. Last fall, Justin Johnson was convicted on all counts and sentenced to life in prison plus 35 years. A third man, Cornelius Smith, has been arrested. According to the Commercial Appeal, police believe Govan was the mastermind behind the plot. He has been charged with conspiracy to commit first-degree murder, first-degree murder and attempted first-degree murder. Weeks before the trial was scheduled to begin, all filings in Govan’s case were sealed though the proceedings will be open to the public.