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TSC Adopts Amended Rule 53 to Address Error in Original Version

Posted by: Katharine Heriges on Jul 15, 2019
The Tennessee Supreme Court has adopted amendments to a new rule in order to address a typographical error published in the original version. Rule 53, which was originally adopted on April 1 of this year, addresses Collaborative Family Law. Read the July 15 order here.

TSC Upholds Chancery Court's Disbarment of Knox Attorney

Posted by: Katharine Heriges on Jul 2, 2019
The Tennessee Supreme Court today upheld a Chancery Court decision that disbarred Knoxville attorney Loring Edwin Justice. Justice’s disbarment stemmed from a federal personal injury lawsuit. He falsely claimed work done by a paralegal as his own, he falsely claimed that he had kept contemporaneous time records on the case, and he requested “grossly exaggerated and unreasonable” attorney’s fees. The Board of Professional Responsibility suspended Justice for a year, but the Chancery Court modified it to a disbarment on appeal.

Supreme Court Amends Rule 13

Posted by: Katharine Heriges on Jun 28, 2019
Following the passage of Senate Bill 559/House Bill 628, the Tennessee Supreme Court has amended Sections 1 and 2 of Rule 13  of the Tennessee Annotated Code. Section 1 concerns the right to counsel and procedure for appointment of counsel, while Section 2 deals with compensation of counsel in non-capital cases. Read the full order and amended rules here.

Tennessee Supreme Court to Hear Case Challenging Cap on Jury Awards

Posted by: Katharine Heriges on Jun 25, 2019
The state Supreme Court this week agreed to hear a challenge to the constitutionality of a Tennessee law that requires judges to override jury awards in civil lawsuits, Knoxnews reports. The punitive damages cap law was part of the Tennessee Civil Justice Act, a package of legislation passed by the state legislature in 2011 to create a pro-business climate in Tennessee by protecting businesses from hefty damages awards in cases of civil wrongdoing. The case that brought the challenge was one of a California woman who was injured in a shop at the Nashville airport and was awarded $444,500 by a jury to cover costs and $930,000 for pain and suffering. Defense attorneys invoked the state's $750,000 damages cap to deny her the full award.

TSC: Evidence Not Enough to Hold Man Liable for Woman's Suicide

Posted by: Katharine Heriges on Jun 19, 2019
The Tennessee Supreme Court last week, in a divided opinion, dismissed a negligence lawsuit filed by the estate of a woman who committed suicide. The case involved a woman who killed herself inside the home of the man who had just broken off their affair. The majority ruling, in an opinion authored by Justice Holly Kirby, concluded that the state had failed to prove that the woman's suicide was a “reasonably foreseeable probability." However, Justice Sharon Lee dissented, stating that because the man, who is a certified psychiatrist, had shown his gun to the woman, known she was depressed and because she had previously attempted suicide in the man's house before, her death was foreseeable.

Rule 19 Amended to Reflect Previously Adopted Changes to Rule 7

Posted by: Katharine Heriges on Jun 6, 2019
The Tennessee Supreme Court in March adopted amendments to Rule 7 of the Rules of the Tennessee Supreme Court. In light of these amendments, the references to Rule 7, section 5.01(g) in Rule 19 of the Rules of the Tennessee Supreme Court should be changed to Rule 7, section 10.07. Accordingly, the court has amended Rule 19 of the Rules of the Tennessee Supreme Court.

Raybin Hot List: Expert Witness Geographic Requirements, General Sessions Appeals and More

Posted by: Katharine Heriges on Jun 6, 2019
The Raybin Tennessee Supreme Court Hot List, produced by Raybin & Weissman PC, compiles, analyzes and forecasts cases that have recently been granted review by the Tennessee Supreme Court. Recent cases include Medical Expert Witness Geographic Requirements, General Sessions Appeals, Aggravated Burglary and the Sex Offender Registry. Read the analysis here.

TSC Rejects Challenge to a Search Warrant in Sexual Exploitation of a Minor Case

Posted by: Katharine Heriges on May 22, 2019
The Tennessee Supreme Court today affirmed the validity of a search warrant used to gather evidence in a case involving charges of sexual exploitation of a minor. In its decision, the Supreme Court considered the general law pertaining to search warrants, noting that none of the applicable statutes or rules of criminal procedure provided for search warrants to be obtained solely by a district attorney general. The court also considered that, had the legislature intended to limit the general law on search warrants through the statute at issue, it would have explicitly provided for such a limitation. Chief Justice Jeff Bivins authored the opinion in State of Tennessee v. Anthony Jerome Miller.

TSC Holds Cities Not Required to Share Liquor Tax Proceeds with Counties

Posted by: Katharine Heriges on May 8, 2019
In five separate lawsuits, the Tennessee Supreme Court held today that cities with their own school systems are not required to share with counties the tax proceeds the cities receive from the sale of liquor-by-the-drink. For over 30 years, cities that have approved the sale of liquor-by-the-drink have kept their portion of the tax proceeds, without sharing with the counties. Five Tennessee counties — Blount, Bradley, Coffee, Sullivan and Washington — claimed that Tennessee statutes required the cities to share a portion of those tax proceeds with the county schools. The TSC found that the General Assembly amended the liquor tax laws several times over the past decades, but it chose not to amend the laws on the cities’ responsibilities as to distributing the liquor tax proceeds.

Supreme Court Rejects Chattanooga Lawyer's Petition for Reinstatement

Posted by: Katharine Heriges on May 7, 2019
The Tennessee Supreme Court today rejected the petition for reinstatement filed by a Chattanooga attorney whose law license has been suspended since 1998. In 1997, Nathan E. Brooks faced serious discipline for complaints filed against him by multiple clients. In 1998, he agreed to a two-year suspension of his law license. In 2002, Brooks sought reinstatement of his law license. His request for reinstatement was denied because he had never paid the costs and restitution he agreed to pay as part of the settlement of his disciplinary charges. In 2004, he appealed to the Supreme Court claiming he was indigent and could not pay, but the court denied his appeal. Now he has again tried to appeal without paying his necessary costs and fees, and the court has denied him again, saying that practicing law is a privilege, not a right.
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