In this interlocutory appeal, the claimant asserted he sustained significant head injuries and brain trauma due to a fall that occurred while working for the employer. The employer denied the claim, contending that the claimant was an independent contractor at the time of the work incident. Following an expedited hearing, the trial court denied the claimant’s request for certain benefits after concluding the claimant had failed to provide sufficient evidence from which it could determine he was likely to prevail at trial in establishing he was an employee. Thereafter, the employer filed a motion for summary judgment, asserting it is entitled to judgment as a matter of law on the basis that the claimant was an independent contractor. Following a hearing on the employer’s motion, the trial court concluded that genuine issues of material fact existed regarding the claimant’s work status and denied the employer’s motion. The employer has appealed. After careful consideration, we vacate the trial court’s order and remand this matter for additional findings consistent with this opinion.

For the week of June 17, 2024 - June 21, 2024

The U.S. Supreme Court announced Monday it will review the constitutionality of Tennessee’s law banning gender medical care for minors during its next term. The high court previously avoided opportunities to get involved in cases involving transgender protections, but after being urged by the Biden administration to take up the latest dispute, the justices agreed to do so in a brief order, The Hill reports. A group of anonymous transgender minors and parents challenged the law, and the Justice Department later intervened in the dispute. A federal district judge issued an injunction blocking the law from taking effect. On appeal, the U.S. 6th Circuit Court of Appeals reversed the injunction but consolidated the suit with a similar case from Kentucky. The high court’s order limits review to the question of whether the law violates the 14th Amendment’s Equal Protection Clause. The state had asked the court not to consider the case, arguing it should allow the issue to develop further in the appeals courts. SCOTUSblog has an analysis of the issues.

Tennessee Attorney General Jonathan Skrmetti issued this statement on the court’s decision: "We fought hard to defend Tennessee's law protecting kids from irreversible gender treatments and secured a thoughtful and well-reasoned opinion from the 6th Circuit. I look forward to finishing the fight in the United States Supreme Court. This case will bring much-needed clarity to whether the Constitution contains special protections for gender identity."

Nashville lawyer Ed Lanquist Jr. was sworn in as the 144th president of the Tennessee Bar Association. The oath of office was administered by Tennessee Supreme Court Chief Justice Holly Kirby during the TBA’s Annual Lawyers Lunch on June 14. Lanquist is a shareholder in the Nashville office of Baker Donelson Bearman Caldwell & Berkowitz and has practiced intellectual property law for more than 30 years. During remarks following the swearing in, Lanquist pledged a renewed emphasis on serving members of the association during the coming bar year and an increased focus on educating lawyers about legislative issues important to the legal profession — including elimination of the professional privilege tax and increased funding for indigent representation. He also announced two exciting CLE programs: an Urban Bourbon trip to Louisville, Kentucky, and a return to Cuba in February 2025. Registration for that program is now open. Watch his remarks, as well as the full footage of the Lawyers Lunch, on the TBA's Facebook page. See photos from the lunch.

The 2024 Elder Law Forum will take place in-person July 19 from 8:30 a.m. to 3 p.m. CDT at the Belmont University College of Law. This annual staple for Tennessee attorneys provides insight from top professionals while allowing attendees to meet with other lawyers in the practice area. This year’s forum features timely topics such as conservatorships, dementia, client intake, ethics, litigation in elder law and much more. Breakfast and lunch will be provided. Don’t miss this once-a-year opportunity to learn and earn CLE with colleagues.

The U.S. Treasury Department intends to issue new restrictions on pass-through entities to generate an estimated $50 billion in additional tax revenue over the next decade, The Washington Post reports. Deputy Treasury Secretary Wally Adeyemo specifically called out basis shifting, where business partnerships can move assets from one entity to another and gain favorable tax results. Adeyemo claims this practice does nothing to bolster economic activity and solely exists to reduce tax obligations. Currently, the Internal Revenue Service (IRS) specifies such transactions must have “economic substance” rather than merely reducing tax bills, leading to the agency’s position that most of these transactions are illegal. The IRS recently provided guidance and new rules clarifying the "economic substance" requirement on its website.

The June 28 Court Square program in Jackson will feature a session on estate planning basics. Presented by attorney Nancy Choate, the primer will focus on essentials such as clients' conceptions of estate planning, key terms, an intro to trusts and more. The Court Square Series is intended to build relationships and foster collegiality in local bars while allowing lawyers to learn from top Tennessee experts. Other topics at the forum include law practice management, courtroom best practices, ethics and more. A networking lunch will be provided. Here are the key details:

When: Friday, June 28, 12:30 – 4:15 p.m. CDT
Where: Jackson Chamber of Commerce, 197 Auditorium St., Jackson 38301

Register Now

Davidson County lawyer Eric Donn Miller was reinstated to the practice of law on June 14. He had been on inactive status since June 26, 2012. The Tennessee Supreme Court took the action after the Board of Professional Responsibility reported that Miller’s petition for reinstatement was satisfactory.

The DeKalb County Bar Association recently elected new officers. Gayla C. Hendrix will serve as president, Tecia Puckett Pryor was elected vice president, and Brad Hannah will fill the dual role of secretary/treasurer. Attorneys in the Smithville area should contact Hendrix at gaylachendrixlaw@gmail.com to get involved with the bar's activities.

After many years of contentious post-divorce litigation, the trial court ordered the court clerk’s office to distribute property-sale proceeds to the parties. The trial court also ordered that the wife’s portion of the sale proceeds be taxed in an amount sufficient to satisfy a previous sanctions award against the wife and an award of attorney’s fees to the husband. The wife appeals to this Court. Discerning no error, we affirm.