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Posted by: Julia Wilburn on Dec 20, 2023

The Tennessee Bar Journal is accepting immediate submissions for publication, including articles (up to about 3,500 words), as well as specific subject-area, column-length (1,200 words) pieces. Articles should be of interest to Tennessee attorneys — detail a new state law or a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. We are especially looking for diverse voices — from BIPOC writers, from our friends in the LGBTQ+ community and from attorneys who have had diverse life and legal experiences. Get more detailed information in the TBJ's Writer's Guidelines or email editor@tnbar.org.

Posted by: Laura Labenberg on Dec 20, 2023

The 2024 Estate Planning & Probate Forum will take place in person on Feb. 23 at the Embassy Suites, 820 Crescent Centre Dr. in Franklin. The event will provide insights to keep lawyers on top of key developments in this practice area. Breakfast and lunch will be provided. The forum is an excellent opportunity to meet and learn from top estate planning experts from across the state. Click here for more information and to register.

Posted by: Tanja Trezise on Dec 19, 2023

Appellant appeals the dismissal of his claims related to foreclosed property, asserting that he was the true, legal, and lawful owner of the property. Because of serious deficiencies in Appellant’s brief, we conclude that Appellant has waived his issues on appeal. The trial court’s judgment is therefore affirmed.

Posted by: Chelsea Bennett on Dec 19, 2023

Artificial Intelligence (AI) is a hot topic in law, and the TBA is creating a new AI Task Force to educate and provide guidance to Tennessee lawyers on issues surrounding this technology. Some of the goals of the task force will be to help inform lawyers about the proper use of AI in the substantive practice of law, the potential risks of using AI, and the beneficial use of AI in the administrative practice of law. The group also will review AI tools and contribute new information to the TBA's online practice management resources. If you are interested in participating in this new task force, please email TBA Coordinator Chelsea Bennett before Jan. 31.

Posted by: Tanja Trezise on Dec 19, 2023

The petitioner, Crystal Gregoire, appeals from the Circuit Court of Lawrence County’s dismissal of her petition for post-conviction relief. Following review, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Dec 19, 2023

The defendant, Lemonderius Antwan Goodner, was convicted by a Davidson County Criminal Court jury of premeditated first-degree murder, felony murder, and attempted especially aggravated robbery, for which he received an effective sentence of life imprisonment plus ten years. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Dec 19, 2023

This is a negligence and premises liability action. One of the defendants, Appellee property owner, filed a motion for summary judgment three days after answering and before any discovery was scheduled or conducted. Appellant filed motions for permission to amend his complaint and for additional time to conduct discovery pursuant to Tennessee Rule of Civil Procedure 56.07. The trial court denied Appellant’s motion for additional time, reserved his motion to amend his complaint, and heard Appellee’s motion for summary judgment. The trial court granted Appellee’s motion for summary judgment, dismissed Appellant’s claims “with prejudice,” and explicitly reserved its judgment pending adjudication of Appellant’s pending motion for permission to amend. The trial court subsequently determined it did not have jurisdiction to adjudicate Appellant’s motion to amend and instructed Appellant to file a Tennessee Rule of Civil Procedure 60 motion to set aside the judgment. The trial court denied Appellant’s Rule 60 motion and motion to amend and certified its order awarding summary judgment to Appellee as final pursuant to Tennessee Rule of Civil Procedure 54.02. We vacate the award of summary judgment to Appellee and remand for further proceedings.

Posted by: Tanja Trezise on Dec 19, 2023

The plaintiff filed a complaint against two parties in general sessions court. One defendant was served, but the other was not. Judgment was entered against the served defendant. Seven months later, the claim against the unserved defendant was voluntarily dismissed. The served defendant then appealed, but the circuit court dismissed the appeal as untimely. Because a final, appealable judgment in the general sessions court was not entered until the claim against the unserved defendant was voluntarily dismissed, we conclude that the served defendant’s appeal was timely. Reversed and remanded.

Posted by: Paul Burch on Dec 19, 2023

Shelby County District Attorney Steve Mulroy has announced that his office will place a priority on 12 violent crimes in the new year, reports the Commercial Appeal. The offenses include first- and second-degree murder, carjacking, aggravated robbery, aggravated assault while firing a gun, violent sex offenses, aggravated burglary, possession of a firearm by a violent felon, possession of a firearm with a stolen car, possession of a Glock switch, and retail smash and grabs. Mulroy said his office will focus on investigating and expediting processing of these crimes. The office also will argue for court-ordered monitoring if bail is set in any of these cases, and notify victims if the individual commits another crime while out on bail.

Posted by: Paul Burch on Dec 19, 2023

The state of Tennessee is suing owners of the cattle farm Browning Land & Cattle Company LLC, accusing them of polluting waterways in Clay County, reports News Channel 9 The suit, filed in Davidson County Chancery Court on Dec. 8, alleges the owners have been illegally operating a 174-acre animal feeding farm with over 8,000 cattle without permits, a violation of the Tennessee Water Quality Control Act. Documents obtained by FOX 17 News allege “dangerously high” levels of E. coli were detected following water sampling inspections one year after the first notice of violation was issued to the farm by the Department of Environment and Conservation.


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