This appeal challenges the enforceability of a purported settlement agreement among homeowners, their insurance provider, and a service provider. The plaintiffs originally brought claims against their insurance provider and a service provider after efforts to repair water damage resulted in further damage to their home. The dispute progressed to settlement negotiations, and it seemed an agreement was reached; however, the plaintiffs stopped short of executing the written agreement. The defendants filed a joint motion to enforce the settlement agreement, which the plaintiffs opposed in the trial court, claiming that “counsel was not provided with express authorization to accept” the defendants’ counteroffer. The trial court deemed it a case of “buyers’ remorse” and granted the defendants’ motion to enforce the settlement agreement. On appeal, the plaintiffs raise the sole issue of whether a condition subsequent made the agreement unenforceable. Defendants contend that this issue was waived because it was not raised in the trial court. We have determined that the plaintiffs waived their only issue on appeal by failing to raise it in the trial court. We have also determined, as the defendants contend, that the trial court correctly ruled that the parties entered into an enforceable settlement agreement. Thus, we affirm the decision of the trial court.

Mother appeals the termination of her parental rights and the stepparent adoption of her two children by their stepmother. The trial court found three grounds for termination: abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to assume custody. The trial court also concluded that terminating Mother’s parental rights was in the children’s best interest. The termination was conjoined with a stepparent adoption, which the trial court granted. The Mother appeals. We affirm the judgment of the trial court terminating Mother’s parental rights and granting the stepparent adoption.

Community Health Systems (CHS) revealed in its recently-published annual report that it is under investigation by the Department of Justice (DOJ) for documents related to "practices and procedures related to utilization review, inpatient admissions and inpatient dialysis" at its hospitals, according to a U.S. Securities and Exchange Commission filing. The Nashville Business Journal reports that the DOJ has previously investigated CHS: in 2014, CHS paid $98.15 million to resolve a number of lawsuits related to billing issues and in 2018, the company paid $262 million to settle an investigation into Health Management Associates Inc., a company it purchased in 2014, for allegedly improperly billing the government for certain inpatient admissions following emergency room visits that occurred before the acquisition.

In this interlocutory appeal, the employer challenges the trial court’s determination that the employee will likely prevail at a hearing on the merits in establishing the compensability of his right hip injury and that he is entitled to medical benefits. The employee reported sustaining an injury to his right hip while working for a temporary employment agency at a factory. The employer initially accepted the claim and provided medical benefits. After initial discovery, the employer contended the employee’s current condition and need for surgery were related to his pre-existing hip condition and that he did not suffer an injury arising primarily out of the employment. After an expedited hearing, the trial court concluded the employee would likely prevail at trial and ordered the employer to authorize the surgery recommended by the authorized physician. The employer has appealed. Having carefully reviewed the record, we affirm the trial court’s order and remand the case.

Week of February 19, 2024 - February 23, 2024

Lawyers for the state of Tennessee recently argued in front of the U.S. Sixth Circuit Court of Appeals, seeking to reverse a lower court's ruling declaring the 2023 Adult Entertainment Act unconstitutional, according to the Tennessean. Shortly after Gov. Bill Lee signed the legislation into law last summer, placing new restrictions on drag performances across the state, a federal judge in Memphis ruled it unconstitutional. Associate Solicitor General Matthew Rice, arguing on behalf of the state, told the court on Feb. 1 that the law, which restricts "male and female impersonators" from performing in public spaces or where children could witness them if the performances could be deemed "harmful to minors," could be used to police drag performances in homes as well.

According to a press release from the National Conference of Bar Examiners (NCBE), 4,124 participants from 88 law schools in 41 jurisdictions recently participated in a nationwide field test for the NextGen bar exam. The data gathered from the field test will help NCBE ensure that the NextGen bar exam fairly and accurately assesses the knowledge and skills needed by new lawyers, as well as confirm timing estimates, provide an opportunity to test computerized exam delivery and scoring systems, and give jurisdiction graders an opportunity to practice grading new types of questions. Belmont College of Law and the University of Memphis Cecil C. Humphreys School of Law were the two participating Tennessee law schools in the field test. The NextGen exam will have its first administration in July 2026.

As Shelby County works to build its budget for the next fiscal year, revenue information from last year's county-wide wheel tax increase will not be available. Shelby County Clerk Wanda Halbert has been submitting inaccurate reports or no reports at all during the last fiscal year, reports The Daily Memphian. “She provided three months — July, August and September — and those reports were inaccurate,” Shelby County Trustee Regina Newman told the news outlet. The county does not formally have the revenue figures it needs to accurately predict what money is on hand and report that in certified statements that meet accounting standards. Newman has been working with the Tennessee Comptroller’s audit division.

William John "Jack" Reynolds died Feb. 20 at age 90. He graduated from the University of Tennessee at Knoxville with a degree in agriculture education, and after completing military service, he received a law degree from Southern Law School, now the University of Memphis Cecil C. Humphreys School of Law. Reynolds began practicing law in Selmer in 1964. He served as county attorney for McNairy County, alderman for the City of Selmer and was a member of the Tennessee Trial Lawyers Association, the Tennessee Bar Association, as well as the Hardin and McNairy County Bar Associations. In 1984, he moved his law practice to Savannah where he was later joined by his son and grandson, practicing under the law firm name of Reynolds & Reynolds. The family held a private graveside service. Memorials may be sent to Savannah Church of Christ, 1175 Pickwick St S., Savannah, TN 38372, or the donor's charity of choice.

The Administrative Office of the Courts (AOC) has released a special Black History Month episode of its Court Talk podcast, featuring a conversation with Tennessee Court of Appeals Judge John McClarty and host Nick Morgan as they discuss McClarty's autobiography, "The Dreamer: John W. McClarty." Their discussion ranges from Chattanooga in the 1950s to a lifetime spanning two careers, as a lawyer and an appellate judge.