The TBA Young Lawyers Division (YLD) continued its visits to Tennessee law schools today with a discussion at the University of Tennessee College of Law. Daniel Mendoza, a 3L at the school and a graduate of the 2024 YLD Diversity Leadership Institute shared his experiences with the program and encouraged others to apply for this valuable opportunity. Mendoza was joined by Samantha Ellis, YLD CLE chair for East Tennessee, who has been an integral part of planning educational programs for young lawyers. See photos from the event.

Judge Zachary Walden, TBA Young Lawyers Division (YLD) East Tennessee governor and mock trial long range planning coordinator, spoke at the East Tennessee Director of Schools Study Council today about civics education. Walden also spoke about the TBA YLD Mock Trial competition and its new component, the artist in the courtroom competition. He noted that mock trial is an excellent way to get students actively involved in civics education as it increases their knowledge of the law and the legal system. Visit the TBA website for more information about the the 2025 mock trial competition.

A member of the TBA Young Lawyer Division (YLD) visited Lincoln Memorial University (LMU) Duncan School of Law in Knoxville last month. The event took place in conjunction with an Hispanic Law Student Association event. YLD District 3 Representative Mari Jasa, a graduate of the TBA Diversity Leadership Institute (DLI) program, met with students and encouraged them to take advantage of that program and others at the TBA while law students. Amanda Reyes, president of the Hispanic Law group and a member of last year's DLI class, concurred with Jasa and encouraged her LMU Law peers to apply for the DLI program. The 2025 class application is available and due Nov. 3. See photos from the day.

The Tennessee Supreme Court has issued an order soliciting comments on proposed changes to the Appellate, Civil, Criminal and Juvenile Rules of Procedure as well as the Tennessee Rules of Evidence. The deadline for submitting written comments is Nov. 19. Submit comments by email to appellatecourtclerk@tncourts.gov or by mail to Appellate Clerk James Hivner, Re: 2025 Rules Package, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219-1407. Submissions should reference docket number No. ADM2024-01134.

HELENE N. WHITE, Circuit Judge. Plaintiff-Appellant Gary McNeal appeals the grant of summary judgment to Defendants-Appellees—the City of Blue Ash, David Waltz, and Scott Noel—in this action stemming from the alleged humiliation, scrutiny, and discipline McNeal experienced in the final years of his employment as a police officer and the termination of that employment. Because McNeal cannot show that age was the “but-for” reason for the termination of his employment, we AFFIRM the district court as to that claim, but we REVERSE on McNeal’s claim of a hostile work environment against Blue Ash.

JANE B. STRANCH, Circuit Judge. This appeal concerns a litigant’s petition for fees under the Equal Access to Justice Act (EAJA). Plaintiff Robert Holman successfully obtained a preliminary injunction freezing a debt-relief program that used racial categories to remedy prior discrimination against farmers and ranchers. Following additional proceedings, but before final judgment, Congress repealed the challenged program. Holman now seeks fees associated with the litigation. The district court denied that request because, in its view, Holman was not a “prevailing party” under the EAJA. We neither adopt nor definitively reject that conclusion. Instead, we find that the Government’s position during the litigation was “substantially justified” within the EAJA’s meaning. On that basis, we AFFIRM the judgment below.

The defendant, Norma Jean Hardin, appeals the order of the trial court revoking her probation and ordering that she serve her full sentence in confinement. Upon our review of the record and the parties’ briefs, we affirm the revocation and disposition of the defendant’s probation.

An employer sought to enforce restrictive covenants against a former employee. In response, the former employee filed a counterclaim for retaliatory discharge, and the employer moved to compel arbitration on the counterclaim. The former employee opposed the motion, arguing that the arbitration agreement was either unenforceable or inapplicable. The trial court agreed that the arbitration agreement did not apply to the counterclaim. So it denied the motion to compel. We affirm.

This is an appeal from a premises liability claim brought against a construction company. The plaintiff tripped over a cut signpost while walking along a highway in Blount County, Tennessee. The plaintiff alleged that the defendant construction company caused, created, or had knowledge of the signpost and had a duty to the plaintiff. Following a motion for summary judgment by the construction company, the trial court determined that that construction company was not responsible for the signpost and thus owed the plaintiff no duty of care. The plaintiff appealed to this Court. Discerning no reversible error, we affirm.

This appeal arises from a civil action that was commenced and voluntarily dismissed without prejudice twice before the plaintiff refiled the same action for a third time. The defendants responded to the third filing by moving to dismiss on the ground that the third action was filed outside of the applicable statute of limitations. Relying on the authority in Payne v. Matthews, 633 S.W.2d 494 (Tenn. Ct. App. 1982), the trial court agreed with the defendants and dismissed the action with prejudice. The plaintiff appeals. We affirm. In their brief, the defendants/appellees ask this court to award them their attorney’s fees and expenses incurred in defending this appeal, contending that the appeal is frivolous. Finding that the appeal is devoid of merit and, therefore, frivolous, we remand this matter to the trial court to award the defendants/appellees their reasonable and necessary attorney’s fees and expenses incurred in defending this frivolous appeal.