This appeal arises out of a third-party complaint asserting claims arising from the sale of real property. The trial court entered an order granting in part and denying in part the thirdparty defendants’ motion for summary judgment. Afterward, the third-party plaintiff filed a notice of voluntary dismissal as to his remaining claim, which was then dismissed without prejudice by the trial court. The third-party plaintiff appeals. We reverse in part, vacate in part, and remand for further proceedings consistent with this opinion.

“When there is a conflict between the common law and a statute, the provision of the statute must prevail.” Graves v. Ill. Cent. R.R. Co., 148 S.W. 239, 242 (Tenn. 1912). That longstanding rule is the key to resolving this case, which pits a common-law rule governing vicarious liability claims against certain procedural provisions of Tennessee’s Health Care Liability Act. The defendant in this case moved to dismiss the plaintiff’s claims under the common-law rule. The trial court granted that motion, but the Court of Appeals reversed after concluding that application of the common-law rule would conflict with the Act. We agree that the Act necessarily implies an intent to abrogate the common-law rule in the circumstances of this case and affirm the Court of Appeals’ decision.

The Nashville Arts and Business Council will host a Volunteer Lawyers & Professionals for the Arts pro bono legal clinic on Aug. 2 from 6 - 8 p.m. (CDT) at the East Park Community Center, 600 Woodland St., Nashville 37206. The clinic will provide pro bono legal services to income-qualified artists, emerging arts nonprofit organizations, and creative businesses in drafting and reviewing contracts, protecting work with copyright and trademark and resolving arts-related disputes. Go here to register or write vlpa@abcnashville.org.

“When there is a conflict between the common law and a statute, the provision of the statute must prevail.” Graves v. Ill. Cent. R.R. Co., 148 S.W. 239, 242 (Tenn. 1912). That longstanding rule is the key to resolving this case, which pits a common-law rule governing vicarious liability claims against certain procedural provisions of Tennessee’s Health Care Liability Act. The defendant in this case moved for summary judgment under the common-law rule. The trial court granted that motion, but the Court of Appeals reversed after concluding that application of the common-law rule would conflict with the Act. We agree that the Act necessarily implies an intent to abrogate the common-law rule in the circumstances of this case and affirm the Court of Appeals’ decision.

A moment should be taken to pay tribute to attorney and public servant Roy Herron, who has been taken too soon from us. While serving in the state legislature for more than a quarter century, he authored one of our state’s most important employment laws, the 1990 Tennessee Public Protection Act, which prohibits the retaliatory discharge of whistle blowers. The American poet Henry Wadsworth Longfellow was correct when he said: “Lives of great men all remind us we can make our lives sublime, and departing, leave footprints on the sands of time.” Roy Herron was one of those great men who left many “footprints on the sands of time."

The Tennessee Supreme Court issued opinions in two cases today asserting that the plaintiffs in those cases could proceed with their vicarious liability claims, which were timely filed, against the defendant hospitals, even though the statute of limitations would have barred any claims against the hospitals’ agents. The court concluded that, in the circumstances of these cases, the Health Care Liability Act abrogates a common-law rule known as the operation-of-law exception. The justices filed several separate opinions in the cases, which are available here: Ultsch opinion authored by Justice Sarah Campbell, Ultsch opinion authored by Justice Sharon Lee, Ultsch opinion authored by Justice Jeff Bivins, Gardner opinion authored by Justice Sarah Campbell, Gardner opinion authored by Justice Sharon Lee and Gardner opinion authored by Justice Jeff Bivins.

The admissions department at the University of Michigan Law School has explicitly banned the use of ChatGPT, the popular online chatbot, and other forms of artificial intelligence tools on applications, Reuters reports today. Applicants must now certify they haven’t used AI tools in the drafting process. Michigan is the first major law school to warn that any false statements about AI usage may lead to the revocation of admission or expulsion. Other law schools are expected to announce similar bans in the coming months.

The Tennessee Bar Association welcomes Sheree Wright as she begins her service as executive director tomorrow. Wright has been active in the TBA as well as the Nashville and national legal communities throughout her career. “We are extremely excited to have Sheree join the Tennessee Bar Association as our new executive director,” former TBA President Tasha Blakney said in announcing the appointment earlier this summer. Read more about Wright.

The National Conference of Bar Examiners released a selection of sample questions for the so-called NextGen bar exam, which is set to debut in July 2026, and the reaction has been “lukewarm,” Reuters reports. Comments range from concerns that the questions are too easy to complaints that the revamped test will not be significantly different from the current one. The bar exam group began developing the new test in early 2021, partially in response to criticism that the existing exam does not reflect the actual practice of law. This fall's incoming class of law students will be the first to take the new exam when they graduate.

Retired federal judge H. Bruce Guyton will join the Knoxville Police Department’s executive leadership team as the interim deputy chief of professional standards, KnoxNews reports. Guyton’s appointment comes after the abrupt resignation of Brooklyn Sawyers Belk, who held the position for four months. The Knoxville City Council next week will review and vote on a proposed agreement for Guyton to serve on a month-to-month contract basis until the next full-time deputy chief can be selected. Guyton previously served as a U.S. magistrate judge in the Eastern District of Tennessee for nearly 20 years until retiring in 2022.