Plaintiff appeals the trial court’s dismissal of his personal injury action based on the doctrine of sovereign immunity and the expiration of the statute of limitations. Because the action was barred by the statute of limitations, we affirm.

A decedent’s former employee filed a petition to dissent from the decedent’s last will and testament and sought a declaration that she is the decedent’s widow. Following a trial, the court dismissed the petition on the basis that the evidence rebutted the presumption of a valid marriage between the decedent and the former employee. We affirm.

Davidson County lawyer Wendell Cornelius Dawson was reinstated to the practice of law on Nov. 7. He had been suspended on Jan. 26 for three years, with three months to be served on active suspension and the remainder on probation. His reinstatement is conditioned on engaging a practice monitor during the probationary period and incurring no new complaints related to the conduct for which he was suspended.

This compensation appeal is the second appeal in this matter and raises an issue of first impression regarding statutory interpretation. The employee suffered an injury to his foot and leg in October 2020, which resulted in a court-approved settlement in April 2022 for an “original award” of permanent disability benefits. After the expiration of the initial period of compensation, the employee filed a petition for increased benefits, extraordinary relief, or permanent total disability benefits. The employer initially denied that the employee was entitled to increased benefits due to its contention that other, non-work- related conditions were the primary cause of the employee’s current condition and work restrictions. Later, the employer filed a motion for partial summary judgment, arguing that the employee could not be deemed permanently totally disabled because the court had previously approved a settlement and entered a judgment for permanent partial disability. At that time, the trial court declined to hear the motion for partial summary judgment, concluding that it was akin to a bifurcated trial, which is disfavored in workers’ compensation cases. The employer appealed that order, and we concluded it is within a trial court’s discretion whether and at what point in the course of litigation to entertain a pre-trial motion. However, we vacated the court’s order to the extent it suggested the court could not entertain a motion for partial summary judgment addressing a question of law prior to a compensation hearing. On remand, the court again declined to hear the motion for partial summary judgment until the day of the compensation hearing. Following the hearing, the court denied the motion for partial summary judgment and awarded permanent total disability benefits. The employer has appealed. Upon careful consideration of the record and the arguments of counsel, we affirm in part, reverse in part, and modify in part the trial court’s order, and we certify the modified order as final.

A federal judge on Thursday struck down a Biden administration policy designed to ease the path to citizenship for undocumented immigrants who are married to U.S. citizens. The initiative known as “Keeping Families Together” allowed undocumented spouses and stepchildren of U.S. citizens to apply for a green card without first having to leave the country.  Texas-based U.S. District Judge J. Campbell Barker put the policy on hold in August after Texas and 15 other states filed a legal challenge. This week he found that the administration overstepped its authority by implementing the program and stretching the legal interpretation of relevant immigration law, National Public Radio reports.

A historical marker honoring Judge Robert E. Lillard, a former Nashville City Council member and civil rights advocate, will be unveiled Nov. 9, at 1062 2nd Ave. South in Nashville. The ceremony will begin at noon. The Metro Historical Commission, Council Member Terry Vo and the Lillard family will join elected officials and community members in celebrating Lillard's legacy. Lillard, who died in 1991, was elected to the city council in 1951 and served as the body's first African American speaker pro tempore in 1967. He later was appointed to Nashville's 1st Circuit Court. The marker is part of the Metro Historical Commission's program to recognize significant figures and events in Nashville's history. The Napier-Looby Bar Association has more information on the event.

Tennessee voters turned out in almost the same record numbers they did in 2020. The Secretary of State’s office says over three million Tennesseans cast a ballot. WPLN reports that’s down less than 1% compared to the 2020 turnout after a swell of in-person voters on Election Day. Compared with four years ago, early voter turnout was down 2.89%, but voters who showed up on election day nearly made up for that gap. Turnout on election day almost matched the last pre-pandemic election in 2016, the station reports. 

The Nashville Metro Council has approved a resolution to accept a grant to process rape kits faster, which in turn will help close cases faster, WSMV4 reports. The DNA Capacity Enhancement for Backlog Reduction (CEBR) Program grant from the U.S. Department of Justice will provide $250,000 to pay for the outsourcing of sexual assault kit processing to private vendors. A statewide backlog in rape kit processing was brought to light two years ago when Eliza Fletcher was attacked and killed in Memphis. Since then, the Tennessee Bureau of Investigation has ramped up testing and outsourcing.

The Tennessee Department of Children’s Services (DCS) confirmed on Thursday that due to insufficient in-state resources children are being placed with out-of-state providers, WSMV4 reports. As of October, 229 children had been placed out of state due to lack of resources. DCS says it is working to address the issue by recruiting more providers in Tennessee, expanding its placement network and implementing a real estate plan to create additional capacity. To help families maintain connections during this time, the department says it is providing financial assistance to offset travel costs.

TBA's BarBuzz podcast is back with a new episode featuring legal aid leaders Laura Brown, Debra House and Nick Gau as they share insight on access to justice, disaster relief efforts, and the impact of pro bono services on communities as a wrap up to October's Celebrate Pro Bono Month. The episode also explores opportunities for lawyers to get involved in pro bono work and disaster relief efforts, particularly in the aftermath of Hurricane Helene. BarBuzz is a monthly show that recaps legal happenings from across Tennessee, upcoming events at the bar, attorney shout outs and more. It is available on the TBA’s website or wherever you listen to podcasts. Find past episodes at the BarBuzz archive.