This is a healthcare liability/wrongful death case. Appellees, healthcare providers, alleged that appellant abused the discovery process in failing to make her expert available for deposition within the time set by the trial court’s scheduling order. Appellant moved for amendment of the scheduling order and for continuance of the trial date. The trial court denied appellant’s motions and granted appellees’ motion to exclude appellant’s expert. The exclusion of appellant’s expert resulted in the trial court granting appellees’ motion for summary judgment, thus dismissing appellant’s lawsuit. Under the circumstances, the trial court’s exclusion of appellant’s expert (and the resulting dismissal of her lawsuit) was too harsh a punishment. Vacated and remanded.

In this custody case, the trial court adopted a parenting plan that ordered equal parenting time. The father appeals, seeking a reversal of the award of equal parenting time, an increase in the mother’s monthly income for child support purposes, payment of one-half the childcare costs, custody on alternating July the fourth holidays, and attorney’s fees. We affirm the trial court’s decision.

TBA’s new Legislative Updates podcast features TBA attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams and Reese. This week, they discuss SB541 and HB906 (claims of creditors filed against an estate), SB540 and HB492 (custody determinations related to failure to pay child support) and the plan for indigent representation by the Tennessee Administrative Office of the Courts on behalf of the Tennessee Supreme Court. Listeners can tune in on the TBA website or directly through this link.

The TBA’s 20th Annual Bankruptcy Law Forum will take place May 16-18 in Chattanooga, offering bankruptcy practitioners a weekend retreat featuring 10 hours of CLE credit, including three hours of ethics. The event begins on Friday with sessions covering mortgage developments in bankruptcy, a case law update and a “View from the Bench” discussion. Saturday’s programming includes small group discussions led by prominent bankruptcy judges, focusing on consumer and commercial bankruptcy issues. The forum concludes Sunday with a three-hour session on ethical considerations in bankruptcy practice. Attendees will also have opportunities to network and explore Chattanooga’s scenic downtown and surrounding mountains. For more information and to register, visit TBA’s website.

The West Tennessee Legal Services (WTLS) Legal Clinic will host an event on March 1 offering free assistance with drafting wills, powers of attorney and advanced directives. Volunteer attorneys will be available from 10 a.m. to 1 p.m. CST at the Memphis Medical Society, located at 1067 Cresthaven Rd. Memphis 38119. Attorneys and law student volunteers are asked to arrive by 9:30 a.m. for preparation. The clinic aims to provide valuable legal support to those in need of these essential documents. For more information, visit the WTLS website.

The Shelby County District Attorney's Office secured three convictions in the first few weeks of 2025. One man was convicted of aggravated assault stemming from a domestic violence incident; one of second degree murder and being a felon in possession of a handgun; and a third man was found guilty of two counts of rape of a child, two counts of aggravated sexual battery and one count of sexual battery by an authority figure. Additionally, six officers from three law enforcement agencies were indicted on charges of excessive force and misconduct related to the arrest of a man believed to have killed his ex-girlfriend last October. The officers face various charges, including assault and tampering with evidence. All six officers turned themselves in to the Dyer County Jail and were released on $25,000 bond. These developments come amid ongoing attention to the prosecution of Ezekiel Kelly, who is charged in connection with a 2022 shooting spree and is representing himself in court. The Commercial Appeal has the story.

Former state Sen. Brian Kelsey’s latest attempt to avoid prison has been denied. U.S. District Judge Waverly D. Crenshaw Jr. rejected Kelsey’s emergency motion for release, stating that “he has not shown any exceptional circumstances for his release deserving of special treatment in the interests of justice,” the Daily Memphian reports. A letter from the U.S. Marshals Service states that Kelsey must report to the FCI Ashland Satellite Camp in Kentucky by Monday to begin his 21-month sentence. His latest attempt to remain free was based on claims of ineffective legal counsel and alleged government misconduct. Last month, the U.S. Supreme Court declined to review his conviction and sentencing for campaign fraud.

At least three people have been unexpectedly detained in Nashville during routine check-ins with Immigration and Customs Enforcement since President Donald Trump took office last month, despite having no criminal record, the Nashville Banner reports. Many of those detained were previously considered low-priority for deportation, including individuals with humanitarian reasons for staying in the U.S. While ICE check-ins are a routine part of the immigration process, confusion over court dates and appointments can lead to missed check-ins and removal orders. Although ICE claims to target individuals with criminal records, advocates argue that many detained individuals have no such history. Legal aid for these types of cases remains limited in Tennessee, with only a handful of attorneys specializing in detention cases.

The Law School Survey of Student Engagement’s annual report found that law students are more diverse, increasingly engaged and better prepared than ever, analyzing data trends in legal education from 2004 to 2024. According to the National Jurist, students of color now make up 32% of respondents, up from 17% in 2004. Women account for 60% of law students, compared to 51% in 2004, while LGBTQ+ representation has grown from 4% in 2009 to 17% today. The report also found that over the past two decades, roughly 80% of law students have consistently rated their overall law school experience as good or excellent.

Jonathan Cole, a lawyer with Baker Donelson in Nashville and chair of the American Bar Association House of Delegates, is among five legal experts who will share their reflections from a recent visit to South Texas, where they observed how immigration law and policy are implemented at the border. The free webinar on Feb. 25 will begin at 4 p.m. EST and address the challenges faced by noncitizens at the border and the efforts of the ABA’s ProBAR staff to uphold due process rights for immigrants and asylum-seekers. Those interested in joining the webinar can register on the ABA website.