The plaintiff brought an action seeking damages for diminution of real property value, alleging that the defendant’s steam pipe exploded, causing toxic debris, including asbestos, to fall on the plaintiff’s real property. The plaintiff’s claims included strict liability for ultra-hazardous activity, ordinary negligence, negligence per se, public nuisance, trespass, continuing private nuisance, and medical monitoring. The trial court dismissed the entire amended complaint without prejudice pursuant to Tennessee Rule of Civil Procedure 12.02(6) after finding that the plaintiff failed to comply with the Tennessee Asbestos Claims Priorities Act. The trial court also dismissed the claims for strict liability, negligence per se, trespass, and medical monitoring with prejudice. Upon review, we affirm the trial court’s dismissal of the entire complaint without prejudice, as well as the dismissal of the plaintiff’s negligence per se, trespass, and medical monitoring claims with prejudice. We reverse the trial court’s dismissal of the strict liability claim with prejudice.

A surviving spouse brought this action against the estate of her deceased husband and his ex-wife and children. The surviving spouse sought to set aside the decedent’s inter vivos transfer of three properties to the ex-wife and children and/or to have the value of the transferred property included in the decedent’s net estate under Tennessee Code Annotated § 31-1-105, which applies when a decedent transferred property “with an intent to defeat the surviving spouse’s elective or distributive share.” The decedent conveyed the properties within three days of his death by quitclaim deed for no consideration other than love and affection. One of the deeds was executed by the decedent, and the other two deeds were executed by the decedent’s attorney-in-fact, his daughter. The chancellor referred all issues in dispute to a special master who found that the properties conveyed by the attorney-infact were conveyed with the intent to defeat the plaintiff’s elective share but that the third tract, which was conveyed by the decedent, was not. The chancellor adopted the report and recommendations of the special master. This appeal followed. After considering the factors identified in Finley v. Finley, 726 S.W.2d 923 (Tenn. Ct. App. 1986) and the totality of the circumstances, we hold that all three properties were conveyed with the intent to defeat the plaintiff’s elective share. Thus, we reverse, in part, the judgment of the trial court and remand for entry of a judgment consistent with this opinion, including a recalculation of the surviving spouse’s elective share based on a net estate that includes all three properties at issue.

This is a termination of parental rights case. Mother appeals the trial court’s order terminating her parental rights, arguing that the trial court erroneously found that grounds existed for termination and that such termination was in the child’s best interest. Having carefully reviewed the record, we affirm.

Colorado lawyer Bonnie Dunlop was reinstated to the practice of law in Tennessee on July 24 after the Board of Professional Responsibility found the petition for reinstatement to be satisfactory. The court had placed Dunlop on inactive status more than ten years ago, on April 19, 2013.

The Tennessee Supreme Court reinstated the law license of Jefferson County lawyer Capp Peterson Taylor on Aug. 2. Taylor was suspended for six months on Dec. 19, 2017, and for two years on Jan. 8, 2020. A reinstatement petition was filed on Oct. 7. A hearing panel of the Board of Professional Responsibility found that Taylor has the moral qualifications, competency and learning in law required for admission, and that resumption of law practice would not be detrimental to the integrity and standing of the bar or the administration of justice or be subversive to the public interest.

The Tennessee Supreme Court reinstated the law license of Rutherford County lawyer Gary Neil Patton on Aug. 2. The court conditioned reinstatement on continued compliance with terms and conditions it imposed on May 22 when it suspended Patton for one year, with 30 days to be served on active suspension and the remainder on probation. At that time, the court conditioned probation on Patton incurring no new complaints of misconduct related to the conduct for which he was suspended.

The Tennessee Supreme Court transferred the law license of Williamson County lawyer Timothy Paul Molyneux to disability inactive status on July 28. Molyneux may not practice law while on inactive status. He may petition for reinstatement by showing that his disability has been removed.

American Bar Association leaders briefed the Tennessee delegation to the ABA House of Delegates during a breakfast Monday morning in Denver. Among those speaking at the meeting were current ABA President Deborah Enix-Ross, House of Delegates Chair Gene Vance, ABA President-elect Bill Bay and incoming Board Secretary Marvin S.C. Dang. Later in the day, TBA Delegate and Belmont Law professor Lucian Dervan presented Resolution 502 before the House, and former TBA President and American Bar Endowment President Howard Vogel led a meeting of that body. See photos from the events. In other news from the ABA Annual Meeting, U.S. Attorney General Merrick Garland spoke to the House of Delegates today and the ABA Task Force on Law, Society and the Judiciary issued its final report with specific recommendations for improving public trust and understanding of the judiciary. Read more about the programs being offered and proposals being considered by the House of Delegates this week in Denver.

Legal Aid of Middle Tennessee & the Cumberlands will hold four legal clinics this week. Tomorrow, the group will hold a clinic in Gallatin from 4:30-5:30 p.m. CDT at the Gallatin Civic Center, 210 Albert Gallatin Ave. On Wednesday, a legal clinic specifically for veterans will be held from 11 a.m. to 1 p.m. CDT at Operation Stand Down, 1125 12th Ave. S., Nashville 37203. On Thursday, a clinic will be held at the Greenhouse Ministries, 309 South Academy St., Murfreesboro 37130 from 3-4:30 p.m. CDT, and on Saturday, the McHugh Clinic will be held from 9:30-11:30 a.m. CDT at 2005 12th Ave. S., Nashville 37204. See all August clinics. To volunteer, contact Kendra Cheek, 615-780-7131.

Don’t miss the Sept. 8 Topgolf Tee-off, which allows an opportunity to earn three hours of general CLE credits followed by two hours of Topgolf gameplay. This unique event provides an optimum learning experience and is a great team-building exercise for your group or firm. Topics for the forum include how to choose between a living trust or will, silent trusts, corporate transparency and much more. Breakfast and lunch are provided. Space is limited, so register now before it’s too late.