The Tennessee Court of Appeals (CoA) last week affirmed a trial court decision in Annie Dowdy v. BNSF Railway Co., No. W2021-01003-COA-R3-CV, concluding the Circuit Court for Shelby County did not abuse its discretion by excluding both experts in the case. The CoA, therefore, affirmed the grant of summary judgement. Dowdy was precipitated by a ruling from the circuit court striking both of the plaintiff’s experts, primarily on the issue of whether exposure to diesel exhaust or asbestos caused the plaintiff’s kidney cancer. The trial court struck the experts based upon an insufficient scientific/medical basis for their conclusions. Applying the Allen factors and the abuse of discretion standard, the CoA affirmed Judge Robert Weiss’ rulings. Attorney Camille Reifers handled the case in the trial court, with TBA Appellate Practice Section executive council member Buck Lewis handling the case in the CoA. View briefs from both parties here.

The Tennessee Supreme Court granted a motion Thursday from Tennessee-licensed attorney Benjamin J. Weber, who asked the court to dismiss an earlier filed petition for reinstatement.

Georgia Attorney Nancy Carol Prager was reinstated to active status by the Tennessee Supreme Court last week, with an effective date of April 10. Prager was placed on inactive status in 2012. The Board of Professional Responsibility reported that reinstatement was appropriate.

Kansas lawyer Kelly Maguire Simeon was reinstated to active status by the Tennessee Supreme Court today, with an effective date of March 17. The court acted on Simeon’s petition for reinstatement after determining that she had paid the required reinstatement fee and all delinquent annual registration fees.

Before adjourning, the General Assembly passed a $56.2 billion state budget for the 2024 fiscal year, the largest in state history. The budget includes $75 million for e-filing in the state court system, a $250 million investment in the state’s Rainy Day Fund, $3.3 billion for the governor’s infrastructure plan, $288 million for state parks and natural areas, $200 million to relocate the Tennessee Performing Arts Center, and $350 million for the city of Memphis to renovate FedExForum and Liberty Stadium. For education, the budget includes a $1.1 billion increase for the state’s education funding formula, adding $125 million for teacher salary raises and $147 million to fund school resource officers in public and private schools. Finally, the budget includes $45.8 million in business tax cuts (including a $37.8 million excise tax reduction) and $288 million for elimination of the sales tax on groceries in August, September and October. Read the full budget (HB1545/SB1532) as passed with amendments 2, 3, 8 and 10.

HELENE N. WHITE, Circuit Judge. Tywan Sykes was convicted of a series of offenses related to child pornography and enticement of a minor. On appeal, he argues that the district court erred in denying his motion to suppress evidence seized from his Facebook account and mobile phone; that the district court erroneously admitted evidence of a past sex-offense conviction; that there was insufficient evidence to convict on all charges; and that his sentence is procedurally unreasonable. We AFFIRM.

A mother appeals an order setting aside a default judgment. Because the order does not resolve all of the claims between the parties, we dismiss the appeal for lack of a final judgment.

A mother relocated less than fifty radial miles, but more than fifty driving miles, from the father. The trial court held that the parental relocation statute applied because the mother relocated more than fifty miles away and, even if she had not, she moved close enough to fifty miles that application of the relocation statute was appropriate. We find that the radial distance should be used to determine whether the relocation statute is triggered. By that standard, the mother did not move more than fifty miles away, and the relocation statute does not apply. Therefore, we reverse the trial court’s decision.

For the week of April 17, 2023 - April 21, 2023

Lawyers are needed to help with an expungement clinic in Lebanon Thursday from 4-7 p.m. CDT. The event, which will handle cases from Wilson County, will take place at The Journey Church, 1240 Leeville Pike, Lebanon 37187. To sign up, email Savannah Quintero at Legal Aid of Middle Tennessee and the Cumberlands. News Channel 5 has a preview of the clinic. View a flyer for the clinic.