This is an appeal from a divorce decree that was initially entered in 2017, but the divorce action was not finalized until 2022. In this appeal, Wife argues that the trial court should not have divorced the parties because there were no valid grounds for divorce. Because the parties executed a valid marital dissolution agreement agreeing to be divorced on the ground of irreconcilable differences, we affirm the trial court’s decision to declare the parties divorced. We modify the divorce decree, however, to provide that Wife is awarded the divorce on that ground, consistent with the parties’ agreement. We further award Husband his attorney’s fees as required under the marital dissolution agreement.

The Advisory Commission on the Rules of Practice & Procedure has presented its annual recommendations for rules changes to the Tennessee Supreme Court, which is now soliciting comments on the proposals. This year's package includes two proposed changes to the Tennessee Rules of Appellate Procedure: adding a comment to Rule 30 that all appellate court electronic filings are governed by Tenn. S. Ct. Rule 46 and changing Rule 31 regarding the brief and oral argument of an amicus curiae. The commission also proposed one change to the Rules of Civil Procedure, which would amend Rule 43.01 to allow witness testimony to be presented using audiovisual transmission from a remote location. Written comments on the proposed changes are due by Nov. 22. Submissions should reference Docket Number ADM2023-01208.

The Tennessee Supreme Court yesterday reinstated five lawyers and today reinstated three lawyers who had been suspended for failing to complete annual continuing legal education requirements in 2022. View the Aug. 23 order, the Aug. 24 order or see the list of all those reinstated online.

Bar Buzz is back with a new episode featuring Sheree Wright, TBA's new executive director. BarBuzz is a monthly show from the TBA Podcast Network that recaps legal happenings from across Tennessee, upcoming events at the bar, attorney shout outs and more. Check out the August episode and discover past shows in the Bar Buzz archive.

Law schools are replacing open-ended diversity questions in their applications in an effort to gain a deeper understanding of candidates after the Supreme Court court ruled in June against the use of affirmative action programs in the admissions process, reports Reuters. Duke Law School and the University of Texas School of Law have added “personal background” statements with essay prompts. And this year, Harvard Law School is requiring a “statement of purpose” and “statement of perspective” to learn how a candidate's background has shaped them. The U.S. Department of Education released new guidance last month to colleges and universities on how to legally encourage racial diversity on their campuses.

A U.S. appeals court today rejected an Ohio contractor's challenge to the U.S. Occupational Safety and Health Administration's (OSHA) ability to adopt rules governing workplace safety, reports Bloomberg Law. In a 2-1 ruling, the U.S. Court of Appeals for the Sixth Circuit said a 1970 law that gives OSHA its powers is valid. The court affirmed a judge's ruling dismissing a lawsuit by Allstates Refractory Contractors LLC, which claimed Congress violated the U.S. Constitution by giving OSHA power to regulate private companies. The court noted that while the agency had been given broad authority, it was only allowed to adopt rules that are "reasonably necessary or appropriate" to address known health risks.

GRIFFIN, Circuit Judge. More than fifty years ago, Congress passed, and President Nixon signed into law, the Occupational Safety and Health (OSH) Act, 29 U.S.C. § 651 et seq. Throughout the next half century, challenges to the constitutionality of the Act have been uniformly rejected. See Nat’l Mar. Safety Ass’n v. Occupational Safety & Health Admin., 649 F.3d 743 (D.C. Cir. 2011), cert. denied, 566 U.S. 936 (2012); Blocksom & Co. v. Marshall, 582 F.2d 1122 (7th Cir. 1978).

This case presents the same simple but poignant challenge: whether Congress’s delegation to the Occupational Safety and Health Administration (OSHA) to set workplace-safety standards is constitutional. Plaintiff Allstates Refractory Contractors, a general contractor subject to OSHA’s oversight, challenges OSHA’s authority to set “reasonably necessary or appropriate” workplace-safety standards, 29 U.S.C. §§ 652(8), 655(b), as a violation of the nondelegation doctrine. The district court concluded that the delegation provided an “intelligible principle” and thus rejected Allstates’s challenge. We agree and now join our sister circuits in holding OSHA’s delegation to be constitutional.

Patent practitioners can volunteer for the Patent Pro Bono Program through their local patent pro bono program. Please visit tnpatents.org/for-attorneys or www.uspto.gov/probonopatents for more information on how to volunteer. The local program screens applicants using criteria that include: (1) household income, (2) knowledge of the patent system and (3) possession of an actual invention (not merely an idea) to ensure that each inventor or small business is a good candidate for assistance.   

The Tennessee Senate today passed three bills coming out of the Senate Judiciary Committee: a measure to remove sales tax on gun safes and provide free gun locks to Tennessee residents; a proposal to change the deadline for courts to submit records to the state background check database; and a bill to require the TBI to create an updated report on human trafficking. Additionally, the Tennessean reports that the Senate passed $16.3 million in bonus funding for mental health workers, $3 million for mental health scholarships and $10 million for a stop-gap measure to allow for more security officers in schools. Other bills, including a risk protection order proposal, a bill to arm teachers,  expanded funding and insurance coverage for mental health treatment, and a bill that would allow certain minors to be tried as adults for certain offenses that were passed by House committees, were tabled in the Senate. Lt. Gov. Randy McNally, R-Oak Ridge, also announced that Senate leadership plans to meet with House leaders to determine a path to adjourn the special session.

Earlier today, Davidson County Chancellor Anne Martin issued a temporary restraining order against the Tennessee House of Representatives’ new rule barring signs in the galleries, the Tennessean reports. The order follows a lawsuit filed this morning by the American Civil Liberties Union of Tennessee after three activists were removed by state troopers from a hearing on gun reform after being told to lower paper signs and not clap during the proceedings. A hearing on the temporary injunction is scheduled for Sept. 5.

Nashville mayoral candidates Freddie O'Connell and Alice Rolli will meet for their final debate tomorrow at Belmont University's Fisher Center, 2020 Belmont Blvd., Nashville 37212 at 6:20 p.m. CDT. Free tickets are available to the public. The debate series is a collaboration between The Tennessean, NewsChannel5, Belmont University, American Baptist College and the League of Women Voters of Nashville. Early voting for Nashville's mayoral runoff election starts Friday.