September 15, 2025 - September 19, 2025.

The plaintiff entered into an agreement with a company to make certain improvements to his existing home. According to the plaintiff, the construction done at the house was only partially completed and that work was improperly and negligently performed. In his complaint, the plaintiff alleged, inter alia, breach of contract, negligence, fraud and intentional misrepresentation, and conversion. The plaintiff averred that the acts of the home improvement company should be imputed to the defendant under the doctrine of respondeat superior; in the alternative, he alleged that the defendant was in a partnership or joint venture with the home improvement company. The trial court entered an order of default against the defendant after she was served but failed to appear or file a responsive pleading until after a default judgment had been entered. The trial court denied the defendant’s motion seeking to set aside the default judgment. The defendant appeals. After review, we affirm the judgment of the trial court.

As 2025 winds down, the TBA is here to help attorneys meet their CLE requirements with flexible, year-end programming. TBA CLE offers live webcasts and on-demand courses that can be completed from home or the office, whether you need a single hour or 15 to finish the year. Members can select from packages by hour (six, eight, 10, 12 or 15), by topic, by practice area or by build their own using more than 200 on-demand programs. Topical and practice-area packages offer dual hours, making it easy to complete ethics requirements before the year ends. For more information and to browse the full catalog, visit the TBA website or contact support at cle@tnbar.org.

The White House on last week announced several changes to the H-1B visa program including a requirement of a $100,000 payment for new H-1B applications. The Trump administration said it made the change to curb abuses that displace U.S. workers and undermine national security. Supporters of the visa program say it elevates the competitiveness of American businesses. The one-time fee will not apply to renewals or existing visa holders, but is expected to significantly affect employers in technology, health care and other industries that rely heavily on foreign workers, the Nashville Business Journal reports. The Nashville Banner looks at the impact on Tennessee universities. The changes also call for federal agencies to begin revising prevailing wage levels and direct the U.S. Department of Homeland Security to prioritize high-skilled, high-paid applicants.

A visitation and celebration of life for Nashville lawyer David L. Steed will be held Oct. 4 at 5 p.m. CDT at Ruby, 2411 Blakemore Ave., Nashville 37212. Parking will be available next door at Harris-Hillman School. According to the family, memorial donations may be made to Greenways for Nashville, 2565 Park Plaza, Nashville, TN 37203; the American Red Cross, P.O. Box 37839, Boone, IA 50037; or another charity of the donor's choice.

Shelby County Commissioner Edmund Ford Jr.’s trial on bribery and tax evasion charges has been delayed two months. U.S. District Judge Thomas Parker ruled Thursday that the trial, originally set for January 2026, will now begin March 2, 2026. The ruling followed a request from Ford’s attorney, who cited a busy trial schedule, and federal prosecutors did not object according to the Daily Memphian. Ford was indicted in February after a years-long investigation into his alleged handling of grants as a Memphis City Council member and county commissioner.

Marc Harwell, a trial lawyer, mediator and founding member of Harwell & Hurst in Chattanooga has been elected president of the Federation of Defense and Corporate Counsel (FDCC), an invitation-only organization of leading civil defense litigators, corporate counsel and insurance industry executives founded in 1936. “I am humbled to join a long line of dedicated leaders and eager to work with my fellow members to strengthen our profession, uphold the highest standards of advocacy, and continue the FDCC’s tradition of service to its members and the communities we serve," Harwell said. Harwell is only the fifth president from Tennessee in the FDCC’s nearly 90-year history, WJHL reports. His one-year term began Aug. 1.

In the most recent episode of BarBuzz, TBA staff sit down with representatives from Montgomery Bell Academy (MBA) to discuss the positive impact the TBA Young Lawyers Division's statewide mock trial program has on high school students. MBA not only has won the Tennessee statewide competition for a number of years but in May won the National High School Mock Trial Competition, besting 47 other state champions. The Tennessee mock trial program is marking its 45th anniversary this year. Interested in getting involved? Visit the program webpage for more information and contact information for the 2026 leadership. Missed a past episode? Check them out in the BarBuzz archive.

Dr. Michaela Barnett, executive director of Blue Tennessee, a grassroots organization that helps elect Democratic leaders, announced her candidacy for Congress on Thursday, WBIR reports. Barnett is running to represent Tennessee’s 2nd Congressional District, a seat currently held by Rep. Tim Burchett, Republican of Knox County. The district includes Claiborne, Grainger, Knox, Loudon and Union counties. Barnett is also a scientist and owner of KnoxFill, a sustainable product refill business. Burchett’s campaign manager, Thomas McAfee, said the congressman plans to seek reelection in 2026. Burchett first took office in 2019.

The TBA will host the second annual TBA Conference on Artificial Intelligence & the Law on Dec. 12 at the Tennessee Bankers Association’s Bradley L. Barrett Training Center in Nashville. The full-day seminar will explore the impact of generative AI on law practice, courtroom dynamics and practice management. Presenters include Nashville lawyers A.J. Bahou with Bradley and  Bill Ramsey with Womble Bond Dickinson, Memphis lawyer Lucian Pera with Adams and Reese, and Chattanooga lawyer Neal Pinkston with Pinkston Law. TBA members can take advantage of a discounted $150 rate through October, with prices increasing in November. Register now at the TBA website.