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Posted by: Azya Thornton on May 28, 2026

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

Posted by: Azya Thornton on May 28, 2026

Appellant appeals the trial court’s judgment in favor of Appellee for work performed pursuant to an oral contract between the parties. Discerning no error, we affirm.

Posted by: Azya Thornton on May 28, 2026

In this case involving termination of a mother’s parental rights to her child, the trial court determined that clear and convincing evidence supported two grounds for termination: abandonment by failure to visit and abandonment by failure to financially support the child. The trial court also found that termination was in the child’s best interest. The mother has appealed. After thorough review, we affirm the trial court’s determination relative to the ground of abandonment by failure to support. However, the evidence did not support a finding of abandonment by failure to visit, and we reverse the trial court’s determination as to that ground. We vacate, for insufficient findings of fact and conclusions of law, the trial court’s conclusion that termination was in the child’s best interest and remand this case to the trial court with instructions to conduct a thorough analysis of the best interest factors found in Tennessee Code Annotated § 36-1-113(i).

Posted by: Azya Thornton on May 28, 2026

The plaintiff in this action sought to collaterally attack a child support judgment and raised allegations of constitutional and other violations of law by several named defendants, including Child Support Services, the plaintiff’s former spouse, and the State of Tennessee. The trial court dismissed the complaint, determining, inter alia, that the plaintiff had failed to state a claim upon which relief could be granted. The plaintiff has appealed. Discerning no reversible error, we affirm.

Posted by: Stacey Shrader Joslin on May 28, 2026

Democratic state Sen. Charlane Oliver, D-Nashville, has been removed from the one committee that meets during the off-session as punishment for a protest mounted on the last day of the special session on redistricting. The Tennessean reports that the Oliver also has been informed by Senate Speaker Randy McNally, R-Oak Ridge, that she will not qualify for per diem payments for office work until next year. The move comes after House Speaker Cameron Sexton, R-Crossville, stripped committee assignments from every House Democrat in response to what he called disruptive behavior in the chamber during the special legislative session. Democrats will remain on the Government Operations Committee and the Calendar & Rules Committees though since House rules require that members of both parties serve on those panels. The Tennessean also reports that additional “punishments” may be coming when the legislature reconvenes in January. Local Memphis has responses from several Democratic members.

Posted by: Stacey Shrader Joslin on May 28, 2026

Gov. Bill Lee and legislative leaders have named their appointments to a nine-member oversight board that will review operations of Memphis schools. The move comes after the state legislature approved legislation establishing the board, which will operate through 2030. Lee named businessman Tyrone Burroughs, education professional Dorsey Hopson, UT Board of Trustees member Shanea McKinney, Tennessee Board of Regents member Nisha Powers and former National Civil Rights Museum President Beverly Robertson. Lt. Gov. Randy McNally appointed Memphis attorney Dedrick Brittenum Jr. and businessman Billy Orgel. House Speaker Cameron Sexton selected just one of his appointees: David Mansouri, the president and CEO of the education organization SCORE. The Daily Memphian reports on the selections.

Posted by: Stacey Shrader Joslin on May 28, 2026

Death row inmate Tony Carruthers’ attorneys are criticizing the qualifications of the doctor who participated in his failed execution on May 21 at Riverbend Maximum Security Institution. The Tennessean reports that Mark Walton Fowler is a family medicine doctor in Union City. He has an active Tennessee medical license but does not have hospital privileges. Fowler previously said he had not performed a central line procedure since 2013. Carruthers reportedly was pierced more than 12 times in an attempt to access his veins. Prison officials called off the procedure and Gov. Bill Lee granted Carruthers a one-year reprieve from execution. Fowler has participated in at least two other executions: Oscar Smith in May 2025 and Byron Black in August 2025. A lawsuit challenging the state’s execution protocols is scheduled to go to trial in February 2027.

Posted by: Julia Wilburn on May 28, 2026

TBA's Litigation Section last week hosted Perspectives from the Bench, a discussion with Tennessee Supreme Court Chief Justice Jeff Bivins and Nashville School of Law Dean William Koch, who served on the Supreme Court from 2007-2014. Moderated by section members Hunter Branstetter and Todd Presnell, the panel discussed each justice's path to the bench, paying particular attention to the fact that the path is not always linear. Bivins and Koch encouraged attendees to be open to new opportunities and to embrace stepping outside their comfort zones. The group also discussed the importance of mentors, the manner in which the justices interact, the importance of the Rule of Law in society and more. See photos from the event.

Posted by: Stacey Shrader Joslin on May 28, 2026

Knoxville lawyer William Pennebaker “Boone” Dougherty died May 24 in Iowa. He attended Vanderbilt University and earned his law degree from the University of Virginia School of Law in 1961. Following law school, Dougherty moved to Knoxville and practiced law with several firms, including Ambrose, Wilson and Saulpaw; Poore, Cox, Baker & McAuley; Bernstein, Dougherty & Susano; and Dougherty and Alliman. For more than 30 years he handled criminal defense, labor, environmental and coal mining matters. In 1965, Dougherty was appointed deputy law director for the city of Knoxville and served as city trial counsel and counsel for the city council until 1972. After retiring from private practice in 1991, he moved to Atlanta where he worked as an investigative reporter for a local newspaper. In 1993, he began a second career with the State of Georgia, trying cases for the Department of Human Resources. He retired for good in 2004, and in 2006, he moved to Iowa to be closer to his daughter.

Posted by: Stacey Shrader Joslin on May 28, 2026

Tennessee has filed an amicus brief in the U.S. Supreme Court challenging an effort by Colorado local governments to wield Colorado state tort law to control energy policy nationwide. Attorney General (AG) Jonathan Skrmetti announced that the case, Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, raises significant constitutional questions about the authority of a single state to regulate conduct occurring entirely in other states. In the brief, Tennessee argues that the Constitution protects each state’s territorial sovereignty and prohibits one state from imposing its policy preferences beyond its own borders. Tennessee warns that allowing Boulder’s lawsuit to proceed would permit individual states to effectively dictate national energy and environmental policy for the entire country. Read more in a news release.


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