This case involves a motion to dismiss for insufficiency of service of process and for expiration of the statute of limitations. The plaintiff filed this health care liability suit against a defendant physician. A process server went to the defendant’s office to serve him, and after the process server was unable to locate the defendant, he served the summons and complaint on an employee of the hospital where the defendant’s office was located. The defendant answered the complaint and raised the defense that there was insufficient service of process. More than a year after the complaint was filed, the defendant filed a motion to dismiss. The trial court granted the defendant’s motion, finding that the plaintiff failed to properly serve the defendant and that the statute of limitations had run on the health care liability action. The plaintiff appeals. We affirm.

The Shelby County Election Commission is accepting petitions through April 12 at noon CDT to fill the Criminal Court Division 9 seat formerly held by Melissa Boyd. The Daily Memphian reports that candidates must be at least 30 years old, be a resident of Shelby County and be licensed to practice law. Accepted petitioners’ names will appear on the Aug. 1 ballot. Early voting is July 12-27. Shelby County Elections Administrator Linda Phillips said in a release to the news outlet that all petitioners should be aware of pending legislation that could remove Boyd’s former seat, making any petitions null and void.

In this interlocutory appeal, the employee asserts the trial court erred in ordering her to attend a medical examination with a physician of the employer’s choice. The employee asserted, among other arguments, that the employer’s request was unreasonable because of her prior interactions with the physician’s office, which she claimed were unsatisfactory. The employer responded that its request for a medical examination of the employee was proper and reasonable under applicable statutory provisions. The trial court agreed with the employer and granted its motion, and the employee has appealed. Upon due consideration of the record, we affirm the trial court’s order, find the employee’s appeal frivolous, and remand the case.

Rene Arthur Wolf died on March 24 at his home in Ajijic, Mexico, just a few months shy of his 100th birthday on July 30. Raised in Needles, California, Wolf entered the Army in 1944, and was sent to Stanford to study engineering. He prepped at Amherst and won a competitive appointment to the U.S. Military Academy at West Point in 1946. Upon graduation in 1950, as a civil engineer, Wolf was assigned to the 1st ECBn in Germany. After two tours in South Korea, a tour in Japan and another tour in Turkey, he retired as a lieutenant colonel in 1971 to become the head of facilities planning and engineering at Martin Marietta Aerospace in Denver, Colorado. Wolf became an attorney after passing the Tennessee Bar in 1984. Arrangements are pending.

The Memphis Bar Association (MBA) will host its annual memorial service this Thursday, beginning at noon CDT, for members who have died over the past year. The in-person event will take place at Calvary Episcopal Church, 102 N. Second St., Memphis 38103. A reception will follow the service.

The Tennessee Supreme Court on Monday held that a plaintiff may go forward with claims of direct negligence against a business even after the business admits it is indirectly liable for any negligence of its employee. The court also held that a plaintiff may assert concurrent claims based on both negligent activity and premises liability. Read the unanimous opinion in Binns v. Trader Joe’s East Inc., authored by Justice Roger A. Page.

Mike Jones of Murfreesboro has announced he is suspending his campaign for 16th Judicial District Circuit Court (Division 1) judge and will support Judge Terry Fann in the upcoming election for the same position. WGNS Radio reports that Jones stated, “Suspending my campaign was not a decision that I took lightly, but at this time, I truly believe it is the right decision for the constituents in the 16th Judicial District. I now urge my fellow citizens in Rutherford and Cannon County to join me in voting for Judge Fann in the August general election.” Fann was appointed to the bench by Gov. Bill Lee in November 2023 to fill a vacancy created by the retirement of Judge Mark Rogers.

Shelby County Circuit Judge Carol Chumney on Monday ruled that Memphis Grizzlies star Ja Morant acted in self-defense when he punched Joshua Holloway (then 17) at Mornant's home in July 2022. The decision states that Morant "enjoys a presumption of civil immunity" under Tennessee's self-defense immunity statute and that the burden of proof shifts to Holloway and his legal team to prove that Morant did not act in self-defense. ESPN has the story.

TBA leadership will travel to Washington, D.C., this week to participate in the American Bar Association's (ABA) annual Day on the Hill. Executive Director Sheree Wright, TBA President Jim Barry, TBA President-elect Ed Lanquist, TBA YLD President-elect Sean Aiello and ABA Resource Committee Chair Jonathan Cole will meet with the Tennessee congressional delegation to discuss funding for the Legal Services Corporation, which provides grants to civil legal aid organizations in Tennessee and across the country. Other legislative initiatives being promoted this year include increased funding for federal public defenders, support for attorney-client confidentiality over prison email systems, reauthorization of the Higher Education Act and reforms to student lending.

Join colleagues on April 25 at 11:30 a.m. CDT for the third webcast in an attorney well-being series, presented by the TBA Women in the Profession Committee. This one-hour session will use research associated with increased alcohol and drug use; increased stress, anxiety and depression; and feelings of isolation to provide real world strategies to achieve wellness while facing daily professional challenges.