The TBA will host its annual Construction Law Forum on Jan. 24 at the Tennessee Bankers Association in Nashville with the theme "Let's Get Technical." The 2025 event will feature discussions on topics such as licenses and lien rights, board complaints, violation hearings, what an "appropriate environmental due diligence" inquiry looks like and the administrative enforcement process. Featured speakers will include attorneys Theresa Critchfield with TLC Law Office, Stephanie Durman and Ellery Richardson with the Tennessee Department of Environment and Conservation, Kelly Gilliam of Amazon, Thomas Hall with Sherrard Roe Voigt & Harbison, Jerry Martin of Martin & Jones, and Regan Steepleton with Evans Petree. Construction Law Section members receive discounted registration. Not a section member? Join here. Thanks to this year's premier sponsor Miles Mediation & Arbitration.

Chancellor Daniel Forrester was elected to the 7th Judicial District Chancery Court in August 2024 after winning both the primary and general election. “I’d been practicing for about 18 years, and it seemed like the perfect time if I was going to attempt to do it to do so,” he says about his run for office. Forrester was sworn in on Aug. 30 by Circuit Court Judge Ryan Spitzer. After just a few months on the bench, one duty in particular stands out. “I love doing the adoptions,” Forrester says. “It’s always been a favorite in private practice and when we get to do them, they’re always happy. You have a courtroom full of families and people, and they’re always wonderful. It’s one of the few things we get to do as judges and attorneys where everyone’s smiling and happy to be there.” Read more about Forrester's career from the Administrative Office of the Courts.

Question 1: Under current law, would the Board of Water and Wastewater Operators Certification (the “Board”) violate Tenn. Code Ann. §§ 68-221-901, et seq. and its regulations, or any other law, if it contracts with a third-party testing service provider to use a standardized operator examination that does not contain any customized or state-specific regulatory questions, or that does not otherwise align with the classification system established in Tenn. Code Ann. § 68-221-907?

Opinion 1: Likely not. The Water and Wastewater Operator Certification Act and its regulations provide the Board with broad authority over operator examinations and do not specify what content must be covered by those examinations.

Question 2: Would a proposed amendment to Tenn. Code Ann. § 68-221-906 that prohibits the Board from entering into a contract, agreement, or other arrangement with a third-party regarding testing services for its operator certification program, including exam validation services performed by psychometricians, be constitutionally suspect under Contract Clause of the Tennessee Constitution, the Supremacy Clause of the United States Constitution, or other constitutional provisions?

Opinion 2: It depends. An amendment that operates prospectively likely would not raise constitutional concerns, but an amendment that operates retrospectively to abrogate existing contracts likely would raise constitutional concerns.

Question 3: Would such a state prohibition on third-party testing services pose a risk of violating the Safe Drinking Water Act and applicable regulations?

Opinion 3: Likely not.

Question 4: If the answer to Question 3 is yes, what is the likely effect of such a violation on funds allocated to the State from the Drinking Water State Revolving Fund Loan Program?

Opinion 4: In light of Opinion 3, this question is moot.

Question: Is Dry Needling, also known as Intramuscular Manual Therapy and Trigger-Point Dry Needling, within the scope of the practice of athletic trainers under the Athletic Trainers Practice Act, Tenn. Code Ann. §§ 63-24-101, et seq.?

Opinion: Likely not.

Defendant, Christopher Allen Keyt, was convicted by a Monroe County jury of possession with the intent to sell or deliver 0.5 grams or more of methamphetamine (count one) and possession of a firearm during the attempt to commit a dangerous felony (count two). The trial court sentenced Defendant to thirteen years for count one and four years for count two, to run consecutively. Defendant appeals, arguing that the trial court erred by denying a motion to suppress evidence seized pursuant to a search warrant, that the evidence was insufficient to support his convictions, that the trial court erred in qualifying a detective as an expert in the methamphetamine trade in Monroe County, and that the trial court erred by restricting Defendant’s questioning of the detective. Upon review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgments of the trial court.

In 2014, a Shelby County jury convicted the Petitioner, Corderro Avant, and a co- defendant, of several charges against several victims of a shooting, including one count of first degree premeditated murder; one count of attempted first degree murder resulting in serious bodily injury; nine counts of attempted first degree murder; and eleven counts of employing a firearm during the commission of a dangerous felony. The trial court imposed an effective life sentence plus twenty-one years. The Petitioner appealed and this court affirmed the judgments. State v. Avant, No. W2018-01154-CCA-R3-CD, 2019 WL 3072131, at *1 (Tenn. Crim. App. 2019), perm. app. denied (Tenn. 2020). Thereafter, the Petitioner filed a petition for a writ of error coram nobis. The trial court denied the petition after a hearing on the basis that the statute of limitations had expired. On appeal, the Petitioner contends that his petition was timely and should have been granted based on newly discovered evidence. After review, we affirm the trial court’s judgment.

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

A father appeals the termination of his parental rights to his child. The court found one ground for termination: abandonment by failure to visit. Because the trial court's order fails ot resolve conflicting testimony concerning the father's visitation with the child, we vacate the judgment and remand for specific findings of fact and conclusions of law.

The Legal Aid Society of Middle Tennessee and the Cumberlands (LAS) will hold three legal advice clinics this week. Tomorrow, the group will hold a clinic for veterans from 11 a.m. to 1 p.m. at Operation Stand Down, 1125 12th Ave. S., Nashville 37203. On Thursday, a walk-in clinic will take place from 3 to 4:30 p.m. at Greenhouse Ministries, 309 S. Academy St., Murfreesboro 37130. On Saturday, the group will hold its McHugh Clinic from 10:30 a.m. to 12:30 p.m. at the Nashville Public Library's Edgehill Branch, 1409 12th Ave S, Nashville 37203. All times central. Get details and links to sign up for each clinic on the LAS online calendar.

Sen. Jeff Yarbro, D-Nashville, and Rep. Aftyn Behn, D-Nashville, have proposed HJR12, a resolution to amend Tennessee's constitution allowing local municipalities across the state to raise fines to an amount they see fit in situations surrounding illegal construction. Currently, the fine is $50 per infraction. Yarbro told the Tennessean that for large construction companies, "multiple $50 fines just becomes the cost of doing business, albeit illegally." Behn said, "This has been an issue statewide for localities looking to hold bad actors accountable." The Tennessean has the story.