The Tennessee Supreme Court, in a unanimous decision today, held that a doctor who was permitted to practice medicine in Tennessee without a license under a statutory exemption does not meet the requirements to testify as an expert witness in a lawsuit against another doctor. The decision came in a wrongful death case against a cardiologist and his medical group. The doctor chosen to be an expert witness by the plaintiff did not have a license but was participating in a fellowship program at the Vanderbilt University School of Medicine. Tennessee law allows doctors to practice without a license for the limited purpose of training in such a program. 

In a unanimous opinion today in Ken Smith Auto Parts v. Michael F. Thomas, the Tennessee Supreme Court clarified the procedure and jurisdiction for an appeal from a county general sessions court to a state circuit court. The court found that when defendants appeal a general sessions judgment to circuit court, but then fail to appear for the circuit court trial, Tennessee law requires circuit courts to enter a default judgment against the defendant, subject to enforcement in the circuit court, and retain jurisdiction over that case. Read more from the Administrative Office of the Courts.

The Tennessee Supreme Court has delayed the execution of Oscar Franklin Smith, citing the COVID-19 pandemic, the Tennessean reports. Smith was set to be put to death on June 4, but his attorneys last week filed a motion to delay the execution, arguing it would possibly expose witnesses, lawyers and others to COVID-19. The defense team also claimed that public safety measures hindered their ability to represent Smith. Smith, 69, was convicted in the 1989 murders of Judith Lynn Smith, 35; Chad Burnett, 16; and Jason Burnett, 13, in Nashville. His new execution date is set for February 2021.

In addition to the currently scheduled bar examination set for July 29 through July 30, the Tennessee Supreme Court today announced the Board of Law Examiners will offer an additional exam on Sept. 30 through Oct. 1. The new October exam will only be offered in Knoxville, while the July exam will be given in Knoxville, Memphis and Nashville. Those who have submitted an application for the July exam will be given the option of moving to the October exam and new applicants can choose between the two sets of dates. “Because of on-going concerns about social distancing during the examination, the addition of another exam in a very large space will give the Board and applicants the flexibility to provide maximum space between test-takers, as well as provide a safety net in the event we remain under 'Safer at Home' orders or the NCBE does not deploy a July Exam,” said President of the Board of Law Examiners Bill Harbison.

The Tennessee Supreme Court today extended the period to file comments on proposed amendments to Rule 7, Sections 6.01 and 10.5 dealing with the standard for character and fitness, conditional admission and various technical corrections. Based on a motion from the TBA to extend the comment period, the court has set a new deadline of June 22. Comments should reference the docket number and be emailed to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219.

The Tennessee Supreme Court recently granted review of new cases. The Raybin Supreme Court Hot List looks at three cases, which deal with opioid lawsuits against drug manufacturers, negligent insurance procurement lawsuits, and unlawful detainers.

Oral arguments conducted by video conference last Wednesday by the Tennessee Supreme Court are now  available on the court’s oral argument videos webpage. This is the first time in history for the new approach, which is part of the court’s efforts to continue conducting essential business across the state while protecting the health and well-being of litigants, attorneys, judges and court employees.

The Tennessee Supreme Court today upheld a 31st Judicial District rule of court requiring bail bonding companies to have an agent present at court appearances of defendants for whom the bail bonding company serves as surety. The case arose when Cumberland Bail Bonding and two of its defendants failed to appear for hearings in September 2017. The court suspended the company from writing any additional bonds after a hearing. Cumberland appealed, alleging that the local rule is inconsistent with Tennessee statutes and is arbitrary and capricious. The appeals court agreed that the agent requirement was “arbitrary, capricious, and illegal.” The Supreme Court reversed the Court of Criminal Appeals decision saying trial courts have authority to adopt local rules addressing any topic so long as those rules do not conflict with statutes or Supreme Court rules.

The Tennessee Supreme Court today entered an order to address concerns with the July 2020 bar exam amid the COVID-19 pandemic. Today’s order extends the amount of time certain applicants will be able to practice pending bar exam results and the expiration of MPRE scores. The court also created a process to transfer a July 2020 exam application to either a fall exam, if one is scheduled, or the February 2021 exam. The order also permits the Board of Law Examiners to offer a full refund of fees. “The Court’s temporary changes to Rule 7 address many of the questions being asked by recent graduates and exam takers arising from the COVID-19 crisis,” Board of Law Examiners President Bill Harbison said in a statement. “Tennessee has a plan for bar exam applicants, whether we move forward with no examination or multiple examinations in 2020, that provides opportunities to practice, to transfer the July 2020 application to a different exam, and to seek concurrent admission.” Read the full order here. 

The Tennessee Supreme Court has issued an order to clarify certain provisions of previous orders regarding the extension of deadlines. The prior orders applied generally to discovery deadlines, but did not apply to deadlines set forth in pre-trial scheduling orders entered pursuant to Rule 16. Trial courts may extend such deadlines in their discretion. See the order for full list of clarifications. The court today filed another order extending the use of electronic signatures as provided under Rule 5B of the Tennessee Rules of Civil Procedure and Rules 46 and 46A of the Rules of the Tennessee Supreme Court to any pleadings or documents to be filed or served by conventional means during the time that the state of emergency for the Judicial Branch remains in place.