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Posted by: Azya Thornton on Jun 27, 2025

SUTTON, Chief Judge. With the introduction of automatic transmissions in cars, clutch pedals became obsolete for drivers who do not enjoy using a stick shift. General Motors’ Hydra- Matic became the first readily accessible automatic transmission on the market in 1939. It had four gears. From 2015 to 2018, GM offered an eight-gear Hydra-Matic transmission. That version had two alleged problems. It led some GM cars occasionally to shudder, and it led some GM cars occasionally to lurch. The two problems had nothing to do with operator error, even if some of the symptoms called to mind the experience of getting a ride from a novice stick- shift driver. A group of car buyers filed a class action against GM to answer for the two defects under a range of state common law and statutory theories: express warranty, implied warranty, consumer protection laws, and fraudulent omission. The district court certified 26 state-wide subclasses with a total of 59 state-law claims on behalf of roughly 800,000 individual car buyers. Because the subclasses do not meet the rigorous requirements for handling all of these cases in one district court, whether as one case or as 26 cases, we vacate the class-certification order.

Posted by: Azya Thornton on Jun 27, 2025

THAPAR, Circuit Judge. Rodney Higgins pled guilty to possession with the intent to distribute methamphetamine and fentanyl. On appeal, he challenges the search that led to his arrest. Because probable cause supported that search, we affirm.

Posted by: Azya Thornton on Jun 27, 2025

Defendant, Richard Cole, pleaded guilty to one count of vandalism of property valued at $2,500 or more but less than $10,000, a Class D felony, and the trial court sentenced him as a Range II offender to eight years to be served on supervised probation. A probation violation warrant was subsequently issued. Defendant admitted to the violation and after a hearing, the trial court revoked his probation and ordered his sentence to be executed. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Jun 27, 2025

Timothy Aaron Baxter, Defendant, appeals from the summary denial of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Because Defendant failed to attach a copy of each judgment order at issue, we affirm the summary denial of the motion.

Posted by: Azya Thornton on Jun 27, 2025

After the death of Calvin Leroy Whitehead, his daughter, Regina Whitehead, petitioned to probate the decedent’s December 2015 will and for permission to sell the decedent’s residence. The probate court admitted the will to probate and letters testamentary were issued to Ms. Whitehead as the executrix. The court also granted permission to sell the residence. Thereafter, the decedent’s step-niece, Elizabeth Otto, filed an intervening petition to probate a purportedly more recent will, from March 2016. The estate answered the petition, alleging fraud and, in its amended answer, requested attorney’s fees in defending the petition. The estate then filed a motion to dismiss on the grounds that the proffered will was a copy, with no explanation as to the absence of the original, that the post-death affidavits were not valid. The day before her scheduled deposition, Ms. Otto filed a notice of voluntary nonsuit of her petition. The estate responded by moving for an assessment of attorney’s fees and costs against Ms. Otto. The trial court then issued an order that dismissed Ms. Otto’s petition and denied the estate’s motion for attorney’s fees in defending the intervening petition. The estate appeals, arguing that the request for attorney’s fees in its motion to dismiss is a claim for affirmative relief that survives the dismissal. The estate also requests attorney’s fees under alternative legal grounds. For the reasons below, we affirm the trial court’s dismissal of the intervening petition and, finding no abuse of discretion, affirm the denial of attorney’s fees. We also deny the estate’s post- appeal Tennessee Rules of Civil Procedure Rule 11 motion for sanctions, as well as Ms. Otto’s claim for attorney’s fees incurred in this appeal.

Posted by: Azya Thornton on Jun 27, 2025

This is an appeal of the termination of a mother’s parental rights to her children. The Juvenile Court for Sullivan County (“the Juvenile Court”) terminated the parental rights of Angela B. (“Mother”) to her two children, Meadow L. and Greyson L. (“the Children”).1 Mother appeals, contesting the Juvenile Court’s finding that termination was in the Children’s best interest. Discerning no reversible error, we affirm.

Posted by: Azya Thornton on Jun 27, 2025

This appeal concerns service of process. Vernon Lowe (“Plaintiff”) sued Elisha Harvey (“Defendant”) in the Circuit Court for Cumberland County (“the Trial Court”) for personal injuries sustained in a car accident. Defendant lives out of state. Plaintiff attempted to serve Defendant via the Tennessee Secretary of State. Defendant filed a motion to dismiss asserting insufficient service of process. The attempted service on Defendant occurred during the Covid-19 pandemic, when the signature requirement for return receipt mail was suspended by the postal service. The signature space on the proof of delivery shows “E Harvey” handwritten with “MRC1C19” underneath. Plaintiff does not argue that this represents Defendant’s signature. Instead, Plaintiff argues that his service upon the Secretary of State was sufficient in itself. The Trial Court granted Defendant’s motion to dismiss. Plaintiff appeals. We affirm.

Posted by: Azya Thornton on Jun 27, 2025

In this interlocutory appeal, the employer alleges the trial court erred in declining to dismiss the employee’s petition for benefit determination, which the employer asserted was filed for the “sole purpose” of tolling the statute of limitations. The trial court determined that the employee’s petition, on its face, identified disputed issues beyond merely tolling the statute of limitations and, in presuming the truth of the allegations and averments in the petition, it concluded her petition stated a claim upon which relief could be granted. Because we agree with the trial court’s rationale and conclusions, we affirm the trial court’s order and remand the case.

Posted by: Azya Thornton on Jun 27, 2025

U.S. District Judge Mark Norris has removed himself from the pending civil rights lawsuit over Tyré Nichols’ death. U.S. District Judge Sheryl Lipman has been assigned to the yearslong case, the Daily Memphian reports. Norris’ recusal follows his earlier withdrawal from the federal criminal case against the five former Memphis Police Department officers charged in connection with Nichols’ 2023 death, which led to the cancellation of their federal sentencing hearings. His order to recuse himself was filed Thursday, but the reason for his decision remains unclear.

Posted by: Azya Thornton on Jun 27, 2025

The Trial Court Vacancy Commission has received eight applications for a criminal court judge vacancy in the 20th Judicial District following the retirement of Judge Cheryl A. Blackburn. The applicants are Mark Cole, Ronald Dowdy, Dustin Faeder, Keeda J. Haynes, Dominic J. Leonardo, Kyle D. Parks, Stephen Douglas Thurman and James Harwell Todd. Public hearings for the position will be held July 31 and Aug. 1 at 9 a.m. CDT at the Cordell Hull Building, Senate Hearing Room 1, 425 Rep. John Lewis Way N., Nashville 37243. Any member of the public may attend the hearing and express, orally or in writing, objections concerning applicants for the judicial vacancy. The commission is expected to vote immediately following the interviews and will forward nominees to Gov. Bill Lee for consideration. For information on the applicants, visit the court’s website.


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