This is an accelerated interlocutory appeal as of right pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee from the chancery court’s denial of a motion to recuse. An attorney negotiated a settlement on behalf of a client in litigation over the administration of an estate. The same attorney subsequently assisted his client in the prior litigation in filing a related suit in which the party obtained default judgment. The Plaintiff in the present case is seeking to set aside that default judgment and to obtain other relief, asserting the Defendant acted unscrupulously in filing a suit on matters which had previously been settled. The trial judge reported the attorney, who is no longer the attorney representing the Defendant, to the Board of Professional Responsibility based on the filing of the suit which resulted in the default judgment. The Defendant seeks recusal of the trial judge, asserting that the judge’s impartiality might reasonably be questioned. The judge denied the motion for recusal, finding that he could be fair and impartial, had not prejudged any matters, and that a person of ordinary prudence would find no reasonable basis for questioning his impartiality. We affirm.

On Tuesday of this week, the House Criminal Justice Subcommittee passed “Jillian’s Law,” WKRN reports. The bill, HB1640, is sponsored by Majority Leader William Lamberth in memory of Jillian Ludwig, a freshman at Belmont University who was shot and killed on Nov. 7, 2023, while walking in a Nashville park. Her killer, Shaquille Taylor, was a repeat violent offender prosecuted in April 2023 for a separate crime of aggravated assault with a deadly weapon. “Jillian’s Law” would require defendants like Taylor to be committed to an appropriate treatment facility, something current law does not mandate, WSMV reports. It also would require that those deemed incompetent to stand trial to be entered into the National Instant Criminal Background Check System, which serves as a database of people prohibited from buying or owning firearms. Jillian’s parents, Jessica and Matt Ludwig, testified before the subcommittee, calling on lawmakers to close what they say is a loophole in the law.

This appeal concerns a suit brought by a homeowner’s association to enforce a property restriction contained in its declarations against a resident subject to the declarations. After the filing of a motion for judgment on the pleadings by the homeowner’s association, the trial court granted it relief and entered an injunction against the homeowner. The homeowner appealed. We conclude that the trial court properly granted the homeowner’s association’s motion for judgment on the pleadings and affirm the trial court’s judgment.

PreLaw magazine is out with its Winter 2024 issue, which names the University of Memphis Cecil C. Humphreys School of Law as the best law school building in the nation. It is the fifth consecutive year the school has received the top honor. “Our continued dominance in this award category … confirms the importance of the many factors that make our law school uniquely special to our students’ legal education,” said Dean Katharine T. Schaffzin. In addition, Memphis Law was named one of the 10 most diverse law schools, with a specific designation as a “Best Law School for Black Law Students — Top 10 Ranking” and “Best Law School for Trial Advocacy — Top 35 Ranking” with an overall A- rating. Read the full press release.

Gov. Bill Lee today nominated Shelby County Circuit Court Judge Mary L. Wagner to fill an upcoming vacancy on the Tennessee Supreme Court, the Administrative Office of the Courts reports. “Mary is a highly qualified judge who will bring significant experience to the Tennessee Supreme Court,” Gov. Lee said in making the announcement. “Her understanding and respect for the rule of law and commitment to the conservative principles of judicial restraint make her well-suited for the state’s highest court, and I am proud to appoint her to this position.” Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022. Her nomination now must be approved by the General Assembly. The Tennessean has more on the process.

Tennessee Attorney General Jonathan Skrmetti has announced a $350 million national settlement with Publicis Health to resolve investigations into the firm’s role in the prescription opioid crisis. Tennessee will receive more than $9 million from the settlement. Proceeds will be deposited into the state’s Opioid Abatement Fund. To date, Tennessee has reached legal settlements totaling more than $1 billion related to the opioid crisis. Today’s filings in Knox County Circuit Court describe how Publicis aided Purdue Pharma and others to market opioids. Read the full release.

State Rep. Johnny Garrett, R-Goodlettsville, filed HB 2716 today to prevent a state lawmaker expelled for "disorderly behavior" from being tapped to fill their own seat, reports the Tennessean. Currently, under the state constitution and state law, local governing bodies have full latitude to fill a legislative vacancy as they see fit, so long as the person is an eligible voter in the district that is being filled. In addition, Rep. Brian Richey, R-Maryville, has introduced House Joint Resolution 706, which would amend the state constitution to prohibit an expelled lawmaker from qualifying for office for four years following an expulsion. That resolution passed out of its first subcommittee this week. Tennessee's constitutional amendment system requires two rounds of legislative approval, with an election in between, before questions go to a popular vote during a gubernatorial election year. That means the soonest either of these measures could go before voters would be November 2026.

The National Conference of Bar Examiners said Tuesday it has replaced ExamSoft, the testing platform that suffered a series of tech problems, with Surpass Assessment, reports Reuters. The revamped bar exam is set to debut in July 2026. The switch to Surpass Assessment software comes after ExamSoft paid $2.1 million in 2015 to settle a lawsuit brought by bar exam takers who could not upload their test answers, an incident that became known as “barmageddon” in legal publications. ExamSoft's software also came under scrutiny during the pandemic when many states administered the exam remotely using laptop microphones and cameras to monitor for cheating.

Join us for our continuing Law Tech Lunch & Learn Series in Memphis on March 15 for a discussion on how AI impacts attorneys. The first session will provide an introduction to AI and how it can be incorporated into your practice. The second session will feature Memphis attorney Greg Siskind discussing ethical considerations with AI. Registration and lunch will begin at 11:30 a.m. CST.

Former state Rep. Robin Smith, who resigned after being indicted on federal wire fraud charges, has had her sentencing delayed again, Chattanoogan.com reports. The sentencing was to have occurred on Feb. 12 but has been delayed until April 5. Smith is set to testify against former House Speaker Glen Casada and his aide Cade Cothren in a trial that will begin on March 5 in Nashville. The motion noted that the trial in that case had been continued, necessitating the extension for Smith’s sentencing.