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Posted by: Azya Thornton on Jul 31, 2025

DAVIS, Circuit Judge. This case involves an ERISA fund dispute that pits one side of the fund’s board of trustees against the other. The dividing line, however, is atypical. While board membership is evenly divided between union-appointed trustees and employer-appointed trustees, two union-appointed trustees have, among other things, voted with the employer- appointed trustees to make procedural changes that the union and its other appointed trustees contend have caused fiduciary-duty violations and portend more harm in the future. Chief among the alleged harms, according to the union and its trustees, is the entrenchment of two wayward union trustees that the union would like removed. The union and its fellow plaintiff- trustees were denied a preliminary injunction to head off the harm they fear is brewing and saw their claims against the employer-appointed trustees dismissed by the district court. They appeal each of these decisions. For the reasons that follow, we AFFIRM.

Posted by: Azya Thornton on Jul 31, 2025

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition was then circulated to the full court.* Less than a majority of the judges voted in favor of rehearing en banc. Therefore, the petition is denied.

Posted by: Azya Thornton on Jul 31, 2025

The Defendant, Kenneth Shane McDonald, appeals from his convictions for first degree premeditated murder, first degree felony murder, and aggravated burglary. On appeal, the Defendant asserts that the evidence was insufficient to support the jury’s verdict, and the trial court improperly restricted cross-examination of one of his codefendants regarding sentencing exposure. After review, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Jul 31, 2025

Ronald C. Wade brings this appeal challenging the Tennessee Claims Commission's denial of his motion to compel medical benefits. The appeal has been referred to the Special Workers' Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. Because we conclude that the Claims Commission's two grounds for denying benefits are incorrect, we reverse and remand for further proceedings.

Posted by: Azya Thornton on Jul 31, 2025

In this interlocutory appeal, the employer alleges the trial court erred in declining to dismiss the employee’s petition for benefit determination based on a purported failure to state a claim upon which relief can be granted. The employer argued that the employee’s petition was subject to dismissal, in part, because it included the language “toll the statute” and because it did not plead sufficient facts to put the employer on notice of “exactly what facts are at issue.” The trial court determined that the employee’s petition, on its face, identified disputed issues beyond merely tolling the statute of limitations and, in presuming the truth of the allegations and averments in the petition, it concluded the petition stated a claim upon which relief could be granted. We agree with the trial court’s rationale and conclusions; thus, we affirm the trial court’s order and remand the case.

Posted by: Azya Thornton on Jul 31, 2025

This is an appeal from a trial court’s final order entered on February 7, 2025. The notice of appeal was not mailed to the Appellate Court Clerk via certified mail until May 9, 2025, more than thirty days from the final order’s entry date. Because the notice of appeal was not timely filed, we lack jurisdiction to consider this appeal.

Posted by: Stacey Shrader Joslin on Jul 31, 2025

Ray Whitley, the state’s longest-serving district attorney, will retire on Sept. 1 after 45 years as Sumner County’s top prosecutor, the Tennessee District Attorneys General Conference has announced. Whitley began his legal career in 1971 as a federal prosecutor with the U.S. Attorney’s Office in Nashville. He later moved to Sumner County and joined the district attorney’s office. He was appointed to lead the office in 1980, and has been re-elected five times. He also has served two terms as president of the conference and has been instrumental in guiding statewide policies, training and legislative engagement on public safety. Read about his reflections on his career in a news release from the conference. Gov. Bill Lee’s office is accepting applications through Aug. 4 to fill the position.

Posted by: Azya Thornton on Jul 31, 2025

After the decedent’s most recent will was admitted to probate, the decedent’s grandson moved to certify standing for a will contest. The grandson claimed standing as a beneficiary of a prior will. After a couple of hearings, he came forward with signed copies of several prior wills that named him as a beneficiary. The trial court ruled the grandson lacked standing because he failed to produce an original instrument or establish a lost will. We conclude that the copies of the prior wills, standing alone, were insufficient to establish standing. So we affirm.

Posted by: Azya Thornton on Jul 31, 2025

In this health care liability action, the trial court dismissed the action with prejudice upon finding that the plaintiff had failed to comply with the pre-suit notice requirements found in Tennessee Code Annotated § 29-26-121. The plaintiff has appealed. Discerning no reversible error, we affirm.

Posted by: Stacey Shrader Joslin on Jul 31, 2025

Kentucky-based Stites & Harbison has opened its first office in Alabama. The Huntsville location will be led by Nashville attorney Josh Chesser, according to a press release from the firm. Chesser, who joined the firm in 2024, will split his time between the Nashville and Huntsville offices. Joseph V. Ronderos Jr. also will work in both locations. Alabama patent attorney Kimberly Vines will work in the Huntsville office. “We’re excited to expand our full-service legal practice in Alabama and enhance the support we provide to clients across the state and beyond,” said firm chair Marjorie Farris. Stites & Harbison also operates in Connecticut, Georgia, Indiana, Kentucky, Ohio and Virginia. Offices in Tennessee are located in Franklin, Memphis and Nashville.


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