TBA Law Blog


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Posted by: Katharine Heriges on Mar 23, 2018
The Tennessee Supreme Court’s Justice Cornelia Clark served as keynote speaker in this year’s wreath-laying ceremony at The Hermitage to celebrate the birthday of Andrew Jackson. Justice Clark gave a short speech highlighting little-known facts about Andrew Jackson’s early days as an attorney, prosecutor, and member of the Tennessee Supreme Court, noting that “Though his later career is what most people remember about him, Jackson’s early years as a Tennessee lawyer and member of the Tennessee Supreme Court are critical to understanding both his own national advancement and the development of our state’s early judiciary.”
Posted by: Katharine Heriges on Mar 14, 2018
The Tennessee Supreme Court is soliciting comments on proposed changes to Tennessee Supreme Court Rule 31 and Appendix A of Rule 31. The request comes in response to a petition filed by the Alternative Dispute Resolution Commission on March 9. Written comments from judges, lawyers, bar associations, members of the public, and any other interested parties must be submitted by June 12. Written comments may be e-mailed to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North Nashville, 37219.

Posted by: Katharine Heriges on Mar 5, 2018
In a unanimous opinion, the Tennessee Supreme Court ruled the surviving spouse of a person killed in a vehicle accident could initiate a wrongful death action on the decedent’s behalf even though the surviving spouse’s negligence allegedly contributed to the decedent’s death. In an opinion authored by Justice Roger A. Page, the Supreme Court reversed a decision from the Court of Appeals and ruled that based on current wrongful death statutes, the surviving spouse maintained priority to institute the wrongful death action under the circumstances presented in this case.
Posted by: Katharine Heriges on Feb 16, 2018
The Tennessee Supreme Court disbarred two Nashville attorneys, Sean K. Hornbeck and Robin K. Barry, revoking their law licenses. Today the court ruled unanimously to reject both attorneys’ requests to make the disbarment retroactive in order to enable them to apply for reinstatement of their law licenses sooner.
Posted by: Katharine Heriges on Feb 6, 2018

In a unanimous opinion, the Tennessee Supreme Court ruled that a taxpayer must pay disputed municipal taxes under protest before suing for a refund. In Chuck’s Package Store et al. v. City of Morristown, the court concluded that because of a change in state law, as of Jan. 1, 1986, a taxpayer is not required to pay under protest disputed state taxes collected or administered by the commissioner of revenue before seeking a refund. However, the change in state law did not affect taxpayer lawsuits to recover disputed municipal taxes. After Jan. 1, 1986, a taxpayer is still required to pay under protest disputed municipal taxes before suing for a refund. The opinion, authored by Justice Sharon G. Lee, reversed a Court of Appeals decision and the ruling of the Hamblen County Chancery Court.

Posted by: Liz Slagle Todaro on Jan 31, 2018

The Administrative Office of the Courts is hosting a summit for the East Tennessee Interpreter Project and Tennessee Faith and Justice Alliance (TFJA), on Feb. 16 from 9:30 a.m. to 12:30 p.m., in Knoxville. The event will include updates and training regarding access to justice initiatives, especially those focused on language and interpreter access. Judges, interpreters, court clerks, court administrators, attorneys, public defenders, district attorneys, law enforcement personnel and faith leaders are invited to attend. For more information and to register, go to http://www.cvent.com/d/xtqfdm

Posted by: Liz Slagle Todaro on Jan 30, 2018

The Tennessee Supreme Court’s Access to Justice Commission is seeking input from the legal community to help in planning efforts as it develops a new strategic plan in March. A brief survey is available for all who wish to share thoughts and feedback. The survey will remain open through Feb. 7. Please contact Anne-Louise Wirthlin at the Administrative Office of the Courts with questions or for more information. 

Posted by: Katharine Heriges on Jan 26, 2018

The Tennessee Supreme Court today amended Supreme Court Rule 7, section 7.01, which governs the eligibility of foreign-educated applicants to take the bar examination in Tennessee. The change is set out in Appendix A of today's order. The amendments, which were requested on April 21, 2017, by the University of Tennessee College of Law and Vanderbilt University Law School, drew comments from the Tennessee Board of Law Examiners, the Tennessee Bar Association and several individuals. The rule becomes effective immediately.

Posted by: Katharine Heriges on Jan 18, 2018
The Tennessee Supreme Court has shot down a ruling by a lower court that decided armed criminals should only pay a single price for using a single gun, despite the number of crimes committed with the weapon. The Tennessean reports that the Supreme Court found that the lower court’s ruling was a flawed use of a 2007 law designed to target gun violence.
Posted by: Katharine Heriges on Jan 9, 2018
The Tennessee Supreme Court reinstated a jury verdict finding a Knox County defendant, LaJuan Harbison, guilty of three counts of attempted voluntary manslaughter and three counts of employing a firearm during the commission of a dangerous felony. In a unanimous opinion authored by Justice Sharon G. Lee, the court reversed the decision of the Court of Criminal Appeals, which had reversed Harbison's convictions for insufficient evidence.

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