This appeal involves a claim for breach of contract filed by the personal representative of a deceased husband’s estate against his former wife, asserting that the former wife breached the parties’ marital dissolution agreement by accepting the proceeds of the former husband’s retirement account upon his death. The parties’ marital dissolution agreement had provided that the retirement account would be “the sole and absolute property of the Husband” and that any “marital interest” the wife had was divested from her and vested in the husband. However, the wife remained the designated beneficiary of the account when the husband died six years later. Cross-motions for summary judgment were filed by the estate and by the wife. The trial court granted summary judgment to the estate, concluding that the wife breached the marital dissolution agreement and that the estate was entitled to the entire sum in the account. The wife appeals. For the following reasons, we reverse the decision of the chancery court and remand for further proceedings.

February 17, 2025 - February 21, 2025.

The TBA is seeking to fill vacancies on both its Board of Governors and in its House of Delegates. Open positions on the board include 4th District governor and East Tennessee governor. Seats available in the House of Delegates include those in the 2nd, 7th, 8th, 9th, 15th, 18th, 22nd, 23rd, 24th and 31st districts. Finally, a vacancy exists in the position of young lawyer delegate to the ABA House of Delegates. Those interested in being considered for any of these positions should email TBA Executive Director Sheree Wright at barED@tnbar.org. For additional information on these vacancies, including terms of service and counties included in each district, visit the TBA’s election page.

The TBA YLD will host its second Exploration CLE at Fall Creek Falls State Park in Spencer on May 30. Attendees will earn three hours of CLE credit while enjoying the natural beauty of one of Tennessee’s state parks. The program includes a ranger-led hike and lunch, offering a unique opportunity to blend professional development with outdoor exploration. Registration begins at 9 a.m., with sessions running from 9:30 a.m. to 2 p.m. CDT For more information and to register, visit the TBA website.

Marie Ferran, a legal professional and advocate in Cookeville, died Feb. 19 at the age of 67. After earning her law degree from the University of Memphis Cecil C. Humphreys School of Law, Ferran combined her intellect and compassion to build a career focused on service and advocacy. As the executive director of the Area Agency on Aging, Ferran worked to protect and support the elderly. She was an advocate for domestic violence survivors, at-risk youth and healthcare equality, often donating her legal expertise beyond her official roles. Her dedication extended to serving on boards for organizations that supported women’s health and vulnerable populations. A memorial service celebrating her life will be held on March 8 with a visitation at 11 a.m. and a service at noon CST at Cookeville First United Methodist Church, 165 East Broad St., Cookeville 38501. There will be a reception following the service in Jeff Wall Hall.

The Tennessee Supreme Court has declined a request to consider a legal dispute over whether the state attorney general (AG) can take control of some post-conviction proceedings in death penalty cases from local district attorneys. According to the Nashville Banner, the court’s decision could remove the last obstacle to setting new execution dates. The AG's office historically has represented the state in capital post-conviction proceedings involving challenges to a person’s conviction or death sentence. Litigation followed the passage of a new state law in 2023, which gave the attorney general's office exclusive control over post-conviction cases in trial courts as well, where defendants can raise claims about legal errors, new evidence of innocence or proof of intellectual disability. No executions have taken place in Tennessee since 2020, but last week, the AG's office asked the state Supreme Court to set execution dates for five people on death row.

A hold order on federal funding for lawyers representing immigrant children who arrive in the U.S. without a parent has been rescinded, the Daily Memphian reports. The U.S. Department of the Interior sent a brief letter Friday notifying the Acacia Center for Justice in Washington, D.C., of the change. The center serves as the primary contractor for more than 90 nonprofits nationwide that provide legal representation to approximately 26,000 unaccompanied minors. The letter cancels a stop-work order issued last week, which would have affected hundreds of children served by organizations in the Memphis area. Those organizations should continue receiving funding to assist children who have the right to legal representation in their immigration cases.

One of the five former Memphis police officers charged in the death of Tyre Nichols was taken into federal custody last week for allegedly violating his bond conditions. Emmitt Martin III, who pleaded guilty last year for his role in Nichols’ death, turned himself in Thursday after a warrant was issued for his arrest. According to the Daily Memphian, the mother of Martin’s child filed a complaint with the federal probation office, alleging that Martin had been harassing her and their child. Federal prosecutors and Martin’s attorney agreed to a new bond restriction barring him from contacting his child’s mother except for child care-related matters. With a judge's approval, Martin was released on bond.

A federal appeals court has ruled that a lawsuit challenging workplace abortion accommodations can proceed. Tennessee Attorney General Jonathan Skrmetti and attorneys general from several other states challenged the policy, which allows workers to request time off for an abortion. A federal district judge dismissed the case in June, ruling that the states lacked standing to sue, FOX Chattanooga reports. This week, the U.S. 8th Circuit Court disagreed, allowing the case to move forward. The abortion accommodations were included in the Pregnant Workers Fairness Act, a bill passed in 2022 that grants workplace accommodations for pregnant workers and pregnancy-related medical conditions, including time off for doctor appointments, lactation support and miscarriage recovery.

The lack of attorneys available for appointed cases is contributing to the crisis in providing legal representation to indigent individuals in Tennessee. Under the current program, many attorneys cannot afford to take these cases due to low compensation and program constraints. The plan proposed by the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court addresses these challenges in a few ways, including via the use of strategic compensation structures for employing and contracting with attorneys. The plan may use a combination of retainer, flat fee and hourly or other contracts, offering more competitive and predictable compensation. Among the advantages of this approach are the elimination of caps and the ability to use predictable and intermittent payment for attorneys. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.