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Posted by: Karen Belcher on Mar 22, 2024

After four creditors filed separate claims against the estate of Elga Jean Epley (“the estate”), the estate timely filed sworn exceptions to each separate claim. The creditors are (1) JP Morgan Chase Bank, N.A., (2) Bank of America, N.A., (3) Phillips & Cohen Associates, Ltd on behalf of Citibank, and (4) Maury Regional Health System (collectively “the creditors”). Following a hearing on the claims and the exceptions thereto, during which no testimony was introduced and no representative appeared on behalf of any of the creditors, the trial court denied the exceptions to each of the claims. This appeal by the estate followed. None of the creditors have filed a brief. Thus, none of the creditors have presented arguments in opposition to the issues raised by the estate, as required by Tennessee Rule of Appellate Procedure 27(b) and Rule 6 of the Rules of the Court of Appeals of Tennessee. Having reviewed the record and considered the arguments presented by the estate, we reverse the judgment of the trial court for the reasons set forth below and remand with instructions to deny all of the claims asserted by the appellees and to enter judgment in favor of the estate.

Posted by: Karen Belcher on Mar 22, 2024

MURPHY, Circuit Judge. Kellie Farris called 911 asserting that another woman had damaged her car. Two sheriff’s deputies ended up arresting Farris instead. After they drove Farris to jail, she alleges that other deputies used excessive force when pulling her out of the vehicle, transporting her to a cell, and removing her clothes. Farris brought federal and state claims against the deputies and their county employer. But the deputies had probable cause for her arrest. And they could reasonably conclude that her suicidal actions necessitated their minimal force. So we agree with the district court that Farris’s claims cannot survive summary judgment. We affirm.

Posted by: Julia Wilburn on Mar 22, 2024

On Monday, Tennessee Attorney General Jonathan Skrmetti led 24 states in sending a letter to the Department of Labor stating that its proposed rule to embed diversity, equity and inclusion (DEI) into the National Apprenticeship System "exceeds congressional authority, illegally promotes racial-discrimination and is antithetical to the American ideal of equality." On Thursday, the AG's office joined a coalition of 22 states in filing an amicus brief at the U.S. 5th Circuit Court of Appeals in support of Texas’s state law SB4, which would allow state officers to arrest people suspected of entering the country without documentation, and state magistrates and judges to order them back to the country from which they entered. Also on Thursday, Skrmetti, alongside 15 state and district attorneys general, joined the U.S. Department of Justice in filing a civil antitrust lawsuit against Apple for monopolization or attempted monopolization of smartphone markets in violation of Section 2 of the Sherman Act. Today, Skrmetti praised Tennessee’s Opioid Abatement Council for releasing its first ever round of community grants totaling $80,936,057. Programs funded through the grants will support work in response to opioid addiction throughout Tennessee for up to three years.

Posted by: Karen Belcher on Mar 22, 2024

This action involves the termination of a father’s parental rights to his three children. Following a bench trial, the court found that clear and convincing evidence existed to establish the following statutory grounds of termination: (1) abandonment by failure to provide a suitable home; (2) substantial noncompliance with the permanency plans; (3) the persistence of conditions which led to removal; and (4) failure to manifest an ability and willingness to assume custody of the children. The court also found that termination was in the best interest of the children. We affirm the trial court’s ultimate termination decision.

Posted by: Karen Belcher on Mar 22, 2024

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Karen Belcher on Mar 22, 2024

In this intrafamily dispute, a son sued his mother and various other family members following the death of his father. The claims included, inter alia, breach of contract, libel and slander, and wrongful death. The defendant family members eventually filed a motion for summary judgment, arguing that statutes of limitation barred several of the son’s claims, and that there was no evidence the son could point to in support of his additional claims. Following a hearing, the trial court granted summary judgment to the defendants and dismissed the suit. The son appeals. Having determined that the son’s brief is not compliant with the relevant rules of briefing in this Court, we conclude that his issues purportedly raised on appeal are waived and the appeal is dismissed.

Posted by: Liz Slagle Todaro on Mar 22, 2024

The TBA Access to Justice Committee is accepting nominations for the 2024 Public Service Awards. The annual awards recognize outstanding commitment to access to justice in three categories: work performed by an attorney employed by an organization primarily involved in providing legal representation to the indigent, pro bono work performed by a private or corporate attorney, and a strong commitment to pro bono service by a Tennessee law student or recent graduate. Nominations are due by March 29 and awards will be presented during the TBA Annual Convention in Memphis in June. For more information, contact TBA Director of Access to Justice Liz Todaro.

Posted by: Jamie Rhode on Mar 22, 2024

According to 2023-2024 Human Development Report from the United Nations Development Programme (UNDP), the Human Development Index (HDI) stands at a new high following steep decline during 2020 and 2021. Rich countries experienced unprecedented development, yet half of the world’s poorest nations continue to languish below their pre-COVID crisis levels. The report identified Switzerland, Norway and Iceland leading the national human development indices, while Central African Republic (CAR), South Sudan and Somalia lagged the furthest behind. Further details, including a link to the full report, are available at UN News.

Posted by: Julia Wilburn on Mar 22, 2024

The Senate on Thursday passed a bill to vacate Tennessee State University's (TSU) board of directors in a 25-6 vote. All six senators who voted against the bill were Democrats. The Tennessean reports that the bill has stirred intense controversy over $2.1 billion in historic underfunding of TSU by the state and disparities in how TSU has been treated by lawmakers. University leaders have pleaded with lawmakers to extend the current board and allow it to build upon the progress it has made in the last year. The House version of the bill is at odds with the newly passed Senate version, instead moving to keep three of the board's 10 members, along with its student and faculty trustees, and is set for a full House vote on March 28.

Posted by: Laura Labenberg on Mar 22, 2024

The Vanderbilt Social Justice Reporter will hold a two-part event focused on the legacy of voting rights in the South, the current state of affairs and strategies for ensuring a full right to a fair vote for Black and Brown residents. The first event is a Community Conversation on April 1 from 7-8:30 p.m. CDT at the National Museum of African American Music, 510 Broadway in downtown Nashville. The next day, on April 2, the group will hold a Roundtable Panel Series from 8:30 a.m.-4:30 p.m. CDT at Vanderbilt Law School, 131 21st Ave. S in Nashville. Get more information about the programs or register.


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