This appeal arises from a divorce action filed in 2018. The wife appeals from the trial court’s order finding her guilty of two counts of criminal contempt. Because one count of criminal contempt was alleged as civil contempt, we vacate the trial court’s finding of criminal contempt on that count. We affirm the finding of criminal contempt on the second count. We vacate the punishment of community service and remand for determination of an appropriate punishment pursuant to Tennessee Code Annotated section 29-9-103.

This appeal involves a personal injury action arising out of a car accident in a state parking lot. The original defendants raised the defense of comparative fault by the State of Tennessee, and the plaintiff filed a notice of claim in the Division of Claims and Risk Management and, later, filed a complaint in the Claims Commission. After the Claims Commission transferred the matter to circuit court, the State moved to dismiss based on the expiration of the statute of limitations, and the court granted the motion. We affirm the trial court’s ruling because, under Tenn. Code Ann. § 20-1-119, the complaint initiating a suit against the State was filed in the Claims Commission after the expiration of the 90-day grace period provided by the statute. Furthermore, we find the plaintiff’s argument that the State waived the statute of limitations defense unpersuasive.

Former U.S. Attorney General Eric Holder, who is senior counsel at Covington & Burling in Washington, D.C., is calling on Tennessee Republican House Speaker Cameron Sexton to fully reinstate" Jones to all rights, duties and privileges of his office before the special session begins. That would include reinstating Jones to his committee assignments, the Times Free Press reports. Last Thursday, Nashville voters returned Jones to his seat after he was expelled for joining in pro-gun control protests inside the House chamber in the days following a shooting at The Covenant School.

This is the second appeal in this matter involving a motor vehicle collision that occurred on October 23, 2019, in Nashville. Upon remand, following dismissal of the first appeal for lack of subject matter jurisdiction due to the absence of a final judgment, the trial court granted summary judgment in favor of the individual tortfeasor and subsequently dismissed the plaintiff’s claim against his underinsured motorist insurance carrier. The plaintiff has appealed. Determining that the plaintiff has demonstrated the existence of a genuine issue of material fact with respect to his negligence claim, we vacate the trial court’s grant of summary judgment in favor of the tortfeasor. We further vacate the dismissal of the plaintiff’s underinsured motorist claim against his automobile insurer. We affirm the trial court’s judgment in all other respects and remand this matter to the trial court for further proceedings consistent with this opinion.

For the week of July 31, 2023 - August 4, 2023

Tennessee Gov. Bill Lee has issued a proclamation calling for a special legislative session beginning on Aug. 21 to address public safety. In addition to his previously unveiled proposal to provide authority for courts to issue mental health orders of protection — which would temporarily remove guns from those deemed dangerous to themselves or others — Lee identified 17 other areas for legislative action focusing on the safe storage of firearms, mental health services and school safety policies. House Speaker Cameron Sexton, R-Crossville, has said he would like to see the legislature use the special session to focus on juvenile crime, mentioning bills that would raise the age at which youth can have their records expunged and lowering the age at which they can be tried as adults. WPLN has more on his comments. House Minority Leader Karen Camper, D-Memphis, said she was disappointed with the scope of the special session, saying she was hoping for a "serious discussion about gun reform in Tennessee." The Tennessean has more on reaction from the capitol.

The TBA welcomes ethics expert Stuart Teicher on Oct. 12 for three virtual ethics courses that will benefit any practitioner. When a Lie Isn't a Lie: The Ethics of Half-Truths focuses on lies clients tell and how attorneys can handle them; 10 Coping Skills that Come from the Ethics Rules explores the rigors of the practice of law and ways to overcome challenges; and ChatGPT, Siri and Alexa are Out to Get You breaks down the upsides of, and the problems with, the hottest technologies. Join us for one course or all three.

TBA's Disability Law Forum is returning as a live and in-person program this year! Join us Oct. 20 from 9 a.m. to 3 p.m. CST at the Bluegrass Yacht & Country Club in Hendersonville. Sessions will cover a variety of topics applicable to disability law practitioners, including ways to prepare a successful GRID case, a session featuring best practices from a vocational expert, a DDS/OHO update and an ethics course designed to help you "unstick" stuck cases. Make plans to mingle with fellow attendees and section executive council members at a casual happy hour immediately following the program.

Come out and join us to earn CLE credits, network with colleagues and take in the beautiful scenery. We look forward to seeing you! Learn more and register here.

The American Bar Association's House of Delegates on Tuesday adopted a resolution that strengthens a lawyer’s obligation to assess whether a client seeks to use the lawyer’s services to further a crime or fraud before accepting or maintaining representation. The resolution was approved by a vote of 216-102. The change represents a second step this year in the ABA’s efforts to protect lawyers from unwittingly becoming involved in a client’s or prospective client’s criminal and fraudulent activities.

The Board of Judicial Conduct has issued a public reprimand for 30th Judicial District (Shelby County) Judge James Jones Jr. related to a letter he wrote on official stationery on behalf of two defendants convicted of conspiracy to commit wire fraud in the U.S. District Court for the Southern District of Florida. Read the reprimand here.