This is an appeal from a final judgment entered on December 10, 2024. The appellant filed his notice of appeal with the appellate court clerk on March 3, 2025, together with a Motion to Accept Late Filing. Because the thirty-day time limit for filing a notice of appeal with the appellate court clerk is jurisdictional and cannot be waived, we deny the Motion to Accept Late Filing and dismiss the appeal.

In this compensation appeal, the employee argues the trial court erred in determining she did not give sufficient notice of her alleged gradual injury. Prior to reporting a work-related injury, the employee had suffered from pain in both knees for a period of time and had received medical treatment on her own. After reporting to her physician that she had suffered an increase in symptoms while at work, her physician referred her to a specialist. After attending several appointments with a specialist and undergoing objective testing, the specialist reviewed the results of the objective testing with the employee and recommended surgery in both knees. The employee then gave written notice of her injury to her manager. The employer initially denied the claim based on a lack of evidence of medical causation. It later raised a notice defense, contending the employee knew or should have known she had a work-related injury causing permanent physical impairment more than fifteen days before she provided written notice. After a trial, the court found the employee knew or should have known she had a work-related cumulative trauma injury more than fifteen days prior to her written notice of injury and was therefore barred from receiving compensation. The employee has appealed. Upon careful consideration of the record and arguments of counsel, we reverse the trial court’s decision and remand the case.

This appeal arises from a road-rage incident in Marion County involving the defendant, William Rimmel, III, and the victim, Bobbie Burke. While riding his motorcycle, Rimmel aggressively pursued Burke on the interstate and eventually broke the passenger window of Burke’s car by pounding on it with the slide of a loaded handgun. Rimmel never fired the handgun or pointed it in Burke’s direction, however, and Burke was unaware that the object used to break the window was a gun. A jury convicted Rimmel of attempted aggravated assault and felony reckless endangerment with a handgun. Rimmel challenges the sufficiency of the evidence for both convictions. Because we conclude that Rimmel intended to place Burke in reasonable fear of serious bodily injury by using his handgun and took a substantial step toward doing so, we affirm his conviction for attempted aggravated assault. But because the evidence does not establish that Rimmel’s handgun- related conduct placed Burke in imminent danger of serious bodily injury or death, we reverse his conviction for felony reckless endangerment.

The following attorneys were suspended by the Tennessee Supreme Court on March 3, 2025, for failing to pay the state professional privilege tax pursuant to Tennessee Code Annotated 67-4-1702. Pursuant to Supreme Court Rule 9, Section 26, attorneys who are deemed noncompliant for 90 days or more are summarily suspended. Those who since have complied with the rule are noted as reinstated.

Chattanooga Mayor Tim Kelly hopes federal officials will reconsider the decision to place a new federal courthouse near Vine Street, the Chattanoogan Times Free Press reports. The U.S. General Services Administration (GSA) selected the site for the courthouse, which will include seven courtrooms, nine chambers and 40 parking spaces. Kelly said in an interview last week he believes there may be a change of heart regarding the location. According to Local News 3, the property owners of the site also oppose the decision, stating they repeatedly informed GSA that the properties were not for sale and advocated for an alternative location. Chattanooga city and Hamilton County officials had previously urged the federal government to consider the TVA downtown office complex. The GSA, citing a Final Supplemental Environmental Assessment, maintains that Vine Street is the most advantageous location and that the project will have no significant environmental impact. Design is expected to begin in spring 2025, with construction planned to start in spring 2027.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to address the growing crisis in providing legal representation to indigent individuals in Tennessee. Under the current program, many attorneys cannot afford to take appointed cases due to low compensation and program constraints. Among the innovative elements of the plan is a proposal to utilize strategic and flexible contracting with attorneys. Contracts with attorneys would use a combination of retainer, flat fee and hourly or other contracts and would be tailored to fit the qualifications of the attorney, the complexity of the case type and the particular needs of the judicial district. In addition, attorneys would have options to contract to provide this representation for a percentage of their time, allowing appointed cases to be balanced with other clients. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today. 

A study by attorneys H.E. Miller Jr. and Bradley MacLean highlights disparities in Tennessee’s death penalty system, showing that individuals convicted of multiple murders often receive life sentences, while many on death row were convicted of killing a single victim, the Nashville Banner reports. The analysis found 365 cases where defendants convicted of multiple murders were not sentenced to death, while 29 of the 46 people currently on Tennessee’s death row were convicted of killing only one person. The research also reveals geographic data, with Shelby County accounting for more than half of Tennessee’s death row population, while individuals from other counties with similar crimes have fewer or no death sentences. The findings come as the Tennessee Supreme Court has begun resetting execution dates in the state.

The U.S. federal judiciary last week renewed its push for Congress to add judges to understaffed courts nationwide. During a hearing before a House Judiciary subcommittee, U.S. Circuit Judge Timothy Tymkovich urged lawmakers to revive efforts to expand the federal judiciary, citing a severe shortfall of judges that has led to case backlogs and delays in civil litigation, Reuters reports. Tymkovich highlighted a 346% increase over two decades in civil cases pending for more than three years, warning that such delays erode public confidence in the legal system. Tymkovich called for the passage of legislation to create 66 new judgeships across 13 states, a proposal that previously had bipartisan support but was vetoed by former President Joe Biden. California Republican Rep. Darrell Issa, chair of the House Judiciary Committee’s panel on courts, pledged to reintroduce the bill this year.

The Intellectual Property Webcast Series 2025: From FTC to ROI will take place on April 10 from 11 a.m. to noon CDT. This online event will cover key topics in intellectual property, with more details to be announced soon on the TBA website.

The Tennessee Governor's Office is accepting applications for a commissioner on the Tennessee Claims Commission due to the expiration of William Young's term, effective June 30. To qualify, candidates must have resided in the Eastern Grand Division for at least one year, lived in Tennessee for five years and be licensed to practice law in Tennessee for at least five years. A commissioner may not practice law while serving on the commission. Attorneys interested in the position should submit a resume and cover letter to the governor’s office for consideration. Applications should be directed to Chief Counsel to the Governor Erin Merrick via her assistant at Katelin.Brown@tn.gov by April 14. For more details read the notice of vacancy.