This appeal stems from the trial court’s dismissal of two creditors’ claims against the personal representatives of the decedent debtor’s estate. The creditors claimed that the personal representatives breached their fiduciary duties to the estate by failing to exercise the decedent’s statutory right, as a surviving spouse, to take an elective share of his deceased wife’s estate when the time limit for doing so had not yet expired at the time of the decedent’s death. The creditors also asserted claims against other parties associated with the personal representatives for conspiracy and inducement. In dismissing the creditors’ complaint, the trial court determined that (1) Tennessee statutory law provides that a personal representative of the surviving spouse’s estate “may” take an elective share on behalf of the surviving spouse who has died, (2) “may” indicates that the decision is discretionary, (3) the personal representative maintains the same discretion to elect that the surviving spouse held, (4) the personal representative owes no duty to creditors of the estate to make the election, and (5) the right to elect is not an asset of the estate that can be deemed “wasted” if unexercised. The creditors have appealed. Discerning no reversible error, we affirm.

In this interlocutory appeal, the employee contends the trial court erred in denying his request for medical and temporary disability benefits following an expedited hearing. The employee alleged he suffered injuries to his head, neck, and back when a crate fell on him at work. Subsequently, the employee suffered a stroke, which he claims was causally related to the work accident. The employer did not deny that the original incident occurred but denied that it resulted in any permanent injury or caused the stroke. The authorized physicians performed diagnostic testing, provided conservative care, opined there were no objective findings, and released the employee from their care. Following an expedited hearing, the trial court determined the employee was not likely to prevail at a hearing on the merits, as he presented no medical proof to support his contention the stroke was causally related to the work accident. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

A new statewide poll released by Vanderbilt University shows that Tennessee residents across the political spectrum agree on some measures to curb gun violence. The poll found broad support (75%) for so-called "red flag" laws that separate people from guns if they pose a threat to themselves or others, while about two-thirds supported penalties for people who do not securely store their firearms. The advocacy group Voices for a Safer Tennessee published a poll last month that also found support for keeping guns away from dangerous people. Axios Nashville reports on the poll. Watch a video from poll takers explaining the findings.

The Tennessee Firearms Association has filed a public records lawsuit against Metro Nashville in an attempt to access the writings of the Covenant School shooter. The papers are currently in the custody of the Metro Nashville Police Department as part of an open investigation, according to NewsChannel 5. Gov. Bill Lee said last week the writings would be released to the public "very soon."

The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion today examining a lawyer’s ethical obligations for fees paid in advance for legal work to be performed in the future. Formal Opinion 505 explains the differences between advance fees and retainers and warns against characterizing an advance fee as nonrefundable and/or earned upon receipt. Read more about the opinion.

The Memphis Public Interest Law Center recently received a grant from the American Bar Endowment’s Opportunity Grant Program, the ABA Journal reports. The funds will be used to develop a new app to help renters in Tennessee document, gather and organize facts and evidence for their own advocacy efforts or for their legal counsel to use. The grant is one of 12 innovative projects funded by the program to improve access to legal assistance and provide resources to underserved communities. Read more about the grants.

The Legal Aid Society of Middle Tennessee and the Cumberland (LAS) will hold a free legal clinic in Antioch Saturday from 11 a.m. to 1 p.m. CDT. The clinic will take place at the southeast branch of the Nashville Public Library, 5260 Hickory Hollow Pkwy, Ste. 202, Antioch 37013. The general civil clinic will assist clients with issues such as landlord/tenant disputes, family law, estate planning and debt collection. Those in need of assistance should register online. Contact Kendra Cheek at 800-238-1443 or kcheek@las.org to volunteer. See all clinics planned for May.

In addition to compelling CLE, social events and networking opportunities, the 2023 TBA Annual Convention will host several meetings of TBA governing bodies. On June 14, the House of Delegates will meet in the afternoon, while new section chairs will meet to make plans for the 2023-2024 bar year. On June 16, the TBA Board of Governors and its Executive Committee will meet after the Lawyers Luncheon. Later that afternoon, the Tennessee Legal Community Foundation (TLCF) and TBA Member Insurance Solutions (TBAMS) will hold their respective board meetings. Wrapping up the day, the Young Lawyers Division's (YLD) Long Range Planning Committee will meet and all young lawyer members of the TBA will gather for the division's annual meeting. On Saturday, members of  the YLD Board will meet for committee breakouts and summer board meeting. Check out the full convention schedule and make plans to be in Knoxville June 14-17!

The TBA Federal Practice Section's Annual Forum will take place virtually on Tuesday from 9 a.m. to 1 p.m. CDT. Over the course of three sessions, attendees will receive a refresher on the law of protests and learn more about human rights issues related to police use of force and the media’s impact on protest and litigation. Panelists also will cover police management of protests, criminal prosecutions and civil litigation under Section 1983. The forum will end with an ethics session examining the intersection of advocacy, civility and professional responsibility. Register here.

The American Bar Association (ABA) Business Law Section has appointed Chancellor Anne C. Martin as a new Business Court Representative. Martin, who has served as the Business Court Docket judge in Tennessee since 2019, was elected to the Davidson County Chancery Court in 2018 and was reelected in 2022. The ABA program is designed to provide educational opportunities to judges on cutting-edge business law developments and provide Business Law Section members with exposure to judicial leaders in order to obtain their input on those same developments and gain their insights and perspectives on business and commercial litigation. Martin holds a bachelors degree from Smith College and a law degree from Vanderbilt University School of Law. Read more from the Administrative Office of the Courts.