This is a post-divorce partition action in which the ex-wife asked the trial court to order the sale of the former marital residence and to award her, as specified in the parties’ marital dissolution agreement (“the MDA”), half of the equity resulting from the sale. The ex-wife relied on the provision in the MDA, which provides that she is entitled to fifty percent of any equity in the former marital residence “when the house sells.” The ex-husband opposed the partition action, arguing that he was awarded the former marital residence pursuant to the MDA and that the ex-wife was only entitled to half of the equity valued as of the date of their divorce in 2019. The ex-husband also contended that the ex-wife’s claims were barred under the doctrine of equitable estoppel because he had remitted $6,600.00 in monthly payments toward the ex-wife’s equity pursuant to an oral agreement that set her equity interest at $9,750.00. The court granted the partition petition and ordered that the property be sold. The court also found that the MDA was a contract in contemplation of divorce; therefore, acting pursuant to Tennessee Code Annotated § 36-4-121(b)(2)(A) (“the Distribution of Marital Property Statute”), the court valued the ex-wife’s equity in the former marital residence based on an appraisal near the date of the final divorce decree. The trial court refused to credit the ex-husband for the payments he made to the ex-wife according to their alleged oral agreement, finding that to do so would be a violation of the statute of frauds. Both parties appeal. For the reasons explained below, the judgment of the trial court is reversed, and this matter is remanded for further proceedings consistent with this opinion.

An American Bar Association (ABA) proposal to strengthen job protections for untenured law faculty is garnering widespread support, reports Reuters. The change under consideration by the ABA’s Council of the Section of Legal Education and Admission to the Bar would require law schools to hire full-time legal writing instructors and other untenured full-time faculty on five-year “presumptively renewable long-term contracts.” The ABA developed the proposal at the urging of the Association of Legal Writing Directors and the Legal Writing Institute, and has received more than 30 public comments in support of the change. The public comment period ends Jan. 8.

Employee sought worker's compensation benefits based on hearing loss allegedly caused by continuous noise exposure during her employment with Employer. Employer denied the claim, asserting Employee failed to give timely notice of injury. After a compensation hearing, the trial court rejected Employer's notice defense and awarded benefits to Employee. The Workers' Compensation Appeals Board reversed the trial court's finding that Ernployee gave timely notice; vacated the order awarding benefits; and remanded the case for a determination of whether Employee had a reasonable excuse for failing to give timely notice or whether Ernployer was prejudiced by the failure. On remand, the trial court again awarded benefits, concluding Employee did not offer a reasonable excuse but Employer failed to establish prejudice. In a second appeal, the Appeals Board construed the notice statute and concluded the claim should have been denied and dismissed. In this appeal, Employee argues the Appeals Board erred in its conclusion that Employee failed to satisfy the statutory notice requirement. The appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm.

Week of December 25, 2023 - December 29, 2023

Several members of the University of Tennessee's College of Law faculty made publishing news in 2023. Eric Amarante published "The Absurdity of Criminalizing Encouraging Words" in the Cato Supreme Court Review in September. Professor Wendy Bach spent much of last year giving talks to audiences across the country on her book, "Prosecuting Poverty, Criminalizing Care." And Ben Barton’s "Deborah Rhode In Memoriam: Three Stories and Ten Life Lessons" celebrates the life and legacy of the Stanford law professor and legal ethicist. Read more faculty publishing highlights.

The University of Tennessee College of Law's newly launched Transactional Law Clinic located in Jefferson City provides free legal representation to the East Tennessee community while equipping law students with practical experience in business and nonprofit law. It is one of seven clinics offered through the school's nationally ranked legal clinic, and the only one focused on business law. For upper-level law students, the six-credit-hour Transactional Law Clinic provides hands-on experience representing small business and nonprofit clients in business matters. Read more about the story behind the clinic.

Paul Young was sworn in as the new mayor of Memphis on Monday at the Cannon Center for the Performing Arts, reports the Commercial Appeal. Young earned nearly 28% of the vote in the mayoral election last Oct., defeating 16 other candidates. “We are Memphis,” said Young in his acceptance speech. “Together, we can make history, we can make America’s largest majority minority city ... America’s safest city.” The elected city council members were also sworn in Monday, with Chair JB Smiley Jr. noting for the first time that the council has a female majority. Young previously served as the city's director of housing and community development, and president and CEO of the Downtown Memphis Commission.

Join us in person for the TBA's Construction Law Forum, The Gotchas & the Remedies, on Jan. 26 at the Tennessee Bankers Association Barrett Training Center, 211 Athens Way, Nashville 37228. This year's program will focus on contracts, dispute resolution, liens, the Prompt Pay Act and the "gotchas" of construction law. We will end the day with a 30 minute legislative/case law update. Earn up to five general and one dual CLE hours. Find out more and register.

The Blue Oval City project in West Tennessee has broad support from the community and the legislature, but some landowners and community groups are questioning TDOT's methods of acquiring the land to build the facility. Emily Crawford examines Tennessee's eminent domain law and its application in the project.

Cannon Allen and John Woods discuss how the Tennessee Supreme Court has limited the application of "economic loss" doctrine to product liability/goods contract cases where there is no personal injury and the good did not damage other property.