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Posted by: Azya Thornton on Mar 11, 2025

Appellant, Schiller Jerome, has appealed an order of the Shelby County Chancery Court that was entered on September 3, 2024. We determine that the trial court’s order does not constitute a final appealable judgment. As a result, this Court lacks jurisdiction to consider this appeal. The appeal is, therefore, dismissed.

Posted by: Azya Thornton on Mar 11, 2025

The patron of a restaurant sued the business and its owner when she was injured attempting to sit on a bench outside the business. The trial court granted the defendants’ motion for summary judgment on the ground that the patron failed to demonstrate the existence of a dangerous or defective condition. We affirm.

Posted by: Azya Thornton on Mar 11, 2025

CHAD A. READLER, Circuit Judge. Bhavanaben Patel petitions on behalf of herself, her husband, and her two sons to review the Board of Immigration Appeal’s decision rejecting their applications for asylum, withholding of removal, and protection under the Convention Against Torture. Seeing no error in the Board’s decision, we deny the petition. For these reasons, we deny the petition for review.

Posted by: Azya Thornton on Mar 11, 2025

This appeal arises from a lawsuit over defamation and false light invasion of privacy. Ronald Austin and Linda Austin (“Mr.” and “Ms. Austin,” respectively) (“Plaintiffs,” collectively) were neighbors of Angela Kay Plese (“Defendant”). Plaintiffs and Defendant did not get along. At one point, Defendant posted certain statements on Facebook about Ms. Austin, including that Ms. Austin had been convicted in Texas of deadly conduct with a gun. While Ms. Austin had pled guilty many years earlier to a Texas statute called “deadly conduct,” this was in the context of her reaching a better deal in a DUI case. Ms. Austin’s matter did not involve a gun. Plaintiffs sued Defendant for defamation and false light in the Circuit Court for Knox County (“the Trial Court”). After a trial, the Trial Court found in favor of Plaintiffs, awarding $95,100 in total damages for Ms. Austin’s medical expenses, damage to reputation, emotional distress, punitive damages, as well as Mr. Austin’s loss of consortium.1 Defendant appeals. We vacate that portion of the Trial Court’s award concerning damage to Ms. Austin’s reputation since the record contains no evidence of such damage. Therefore, we modify the judgment to $75,100. Otherwise, we affirm.

Posted by: Julia Wilburn on Mar 11, 2025

The TBA Leadership Law (TBALL) was in Knoxville last week for an "Issues in Community Leadership" session. The class heard from several Tennessee leaders including Knoxville Mayor Indya Kincannon, Knox County Mayor Glen Jacobs, Supreme Court Justice Dwight E. Tarwater and former Attorney General Herbert Slatery. Other contributors at the event included Chloe Akers, Professor Akram Faizer, Josh Hedrick, Angelia Nystrom, Robbie Pryor, Professor Joy Radice and Cullen Wojcik. TBALL’s next session will take place April 10-11 in Memphis. Learn more about TBALL or see photos from the event.

Posted by: Azya Thornton on Mar 11, 2025

In this month's episode of BarBuzz, TBA Executive Director Sheree Wright speaks with Liz Todaro, TBA director of access to justice and special projects, and John Farringer, a commercial litigator with Sherrard Roe Voigt & Harbison and TBA’s incoming president for the 2027-2028 bar year. The discussion focuses on the Administrative Office of the Courts’ plan for funding indigent representation, a key issue shaping legal access in Tennessee. The group also talks about the importance of TBA's Day on the Hill and Big Shrimp Legislative Reception, two events that connect legal professionals with lawmakers to advocate for issues such as indigent defense funding. TBA’s 2025 Day on the Hill and Big Shrimp Reception will take place next week in Nashville. Register for the day's events on the TBA website or get more information about indigent defense in Tennessee. Find past episodes of the podcast in the BarBuzz archive.

Posted by: Julia Wilburn on Mar 11, 2025

An Alabama couple has filed suit against the Tennessee Department of Children’s Services (DCS) and Sevierville law enforcement alleging their two children were illegally taken for nine months after they were wrongly arrested during a traffic stop, Tennessee Lookout reports. The couple was charged with DUI, public intoxication, child abuse and neglect, and aggravated child abuse and neglect. The parents denied the charges, which were later dismissed by a local prosecutor and subsequently expunged. They also claim that law enforcement did not have probable cause to pull them over. The couple are seeking $15 million in damages for violation of their constitutional rights and $10 million in damages for state law violations. This lawsuit is similar to one filed last year after a Georgia family was stopped in Coffee County and five children were taken from the parents.

Posted by: Julia Wilburn on Mar 11, 2025

The Voyeurism Victims Act unanimously passed the House 93-0 on Monday and now will go to Gov. Bill Lee's desk for his signature. Matthew Vollmer was arrested in November and charged with illegally recording sexual encounters with four women without their consent. The women banded together to push for legislation to change the statute of limitations for bringing a lawsuit to one year past the date of discovery, rather than the date of the original crime, giving victims more time to pursue justice. The bill also will allow victims of unlawful photography to petition for an order of protection. The Tennessean reports that the legislation will not apply retroactively, but the women in the case say they want to change the law to help future victims of similar crimes. The Senate passed the bill March 3 in a 32-0 vote.

Posted by: Julia Wilburn on Mar 11, 2025

The Tennessee House of Representatives on Monday passed a bill that would eliminate race-based policies like affirmative action, racial preferences and racial quotas from being used when making appointments to state boards, including specifically removing rules requiring the governor to strive to ensure at least one person on certain state boards is a member of a racial minority, reports the Nashville Post. Lead sponsor Rep. Jason Zachary, R-Knoxville, says the purpose of HB1237/SB1235 is to align the state with a 2023 Supreme Court ruling that found such race-based programs violate the equal protection clause of the 14th Amendment. Opponents of the bill expressed concern over the potential for disparities in certain appointed boards or committees, and pointed out that affirmative action policies are not meant to give members of minority groups an unfair advantage. Senate sponsor, Sen. Paul Rose, R-Covington, asked the Senate Judiciary Committee to move the bill to next week’s calendar.

Posted by: Julia Wilburn on Mar 11, 2025

The Tennessee Bar Association is now accepting nominations for its 2025 Claudia Jack Award and Justice Frank F. Drowota III Outstanding Judicial Service Award. The Claudia Jack Award honors an outstanding public defender or court-appointed private practitioner who has served the legal community and clients in an exemplary fashion. It is named after the late Claudia Jack, a public defender and long-time champion of the poor and underprivileged. The Drowota Award is given to a judge or judicial branch official of a federal, state or local court in Tennessee who has demonstrated extraordinary devotion and dedication to the improvement of the law, the legal system and the administration of justice, as exemplified by the career of former Tennessee Supreme Court Justice Frank F. Drowota III. The deadline to submit nominees for both awards, which will be presented at the TBA Annual Convention in June, is April 4.


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