The Tennessee Board of Law Examiners has released statistics about the state's February 2025 bar exam. According to the board, 244 individuals — 102 first time test takers and 142 repeaters — took the exam. They represent 60 different law schools and saw an overall pass rate of 44%. First-time test takers saw a pass rate of 58%. For first time test-takers at Tennessee law schools, Belmont University College of Law and Vanderbilt University Law School saw a 100% pass rate, followed by the University of Tennessee College of Law at 88%, Lincoln Memorial University Duncan School of Law at 77%, University of Memphis School of Law at 50%, and Nashville School of Law at 44%. See all statistical information released by the board or see the list of those who passed.

RONALD LEE GILMAN, Circuit Judge. Wehr Constructors, Inc. (Wehr) breached an agreement to build an addition to the St. Claire Medical Center (St. Claire) in Morehead, Kentucky. In response, St. Claire sued Travelers Casualty and Surety Company (Travelers Surety), Wehr’s performance-bond carrier, and Travelers Surety in turn brought in Wehr as a party to the litigation. Wehr appeals the district court’s ruling that none of Wehr’s three insurers (Phoenix, St. Paul, and Travelers Property) had a duty to defend Wehr in that lawsuit. For the reasons set forth below, we AFFIRM the district court’s decision regarding St. Paul, but REVERSE its decision regarding Phoenix, VACATE its decision regarding Travelers Property, and REMAND for further proceedings as to these latter two insurers.

KAREN NELSON MOORE, Circuit Judge. Kassandra Memmer sued her former employer, United Wholesale Mortgage (“UWM”), for discrimination that she allegedly faced during her tenure there. The lawsuit includes allegations of sexual harassment. UWM moved to dismiss the lawsuit and compel arbitration under the parties’ employment agreement. The district court granted the motion. Memmer appeals, arguing that the arbitration agreement is invalid and that she has a right to go to court notwithstanding any otherwise valid agreement due to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”). UWM responds that EFAA does not apply here, because Memmer’s claims accrued before the law was enacted. As a matter of first impression in our circuit, we conclude that EFAA applies to claims that accrue after its date of enactment and to disputes, understood as controversies between the parties, that arise after that date. We accordingly REVERSE and REMAND for the district court to apply the correct interpretation of EFAA to this case.

Dickson County lawyer Bridget Eileen Rose Metzger was reinstated to the practice of law on April 11, after being placed on inactive status more than five years ago on April 21, 2016. The Board of Professional Responsibility determined that Metzger met all requirements for reinstatement.

Knox County lawyer Jerry Ronald Givens received a public censure from the Tennessee Supreme Court on April 14. The court found that Givens violated Rules of Professional Conduct 1.3, 3.4 and Rule 8.4(d) while representing a client in a general sessions civil suit. Among his actions, Givens failed to attend the initial trial setting, at which a judgment was entered against his client; untimely appealed the judgment to circuit court after the 10-day appeal deadline; untimely filed an appellate brief; failed to comply with an extension of time to file the brief; and failed to file a motion for extension of time to file the brief after being directed to do so by the court.

The Tennessee Lawyers’ Fund for Client Protection met on April 11 to consider claims from clients alleging financial loss due to the illegal actions of their lawyers. The fund approved two claims: one against Madison County attorney Angela Joy Hopson in the amount of $2,022 and one against Knox County lawyer Douglas A. Trant in the amount of $7,500. It also directed both to reimburse the fund for the expenses. The Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online.

TBA CLE hit the road to Louisville, Kentucky, April 4-5 for an unforgettable weekend of continuing legal education, hosted in collaboration with the Louisville Bar Association and inspired by the city’s famed Urban Bourbon Trail. The event kicked off that Friday afternoon with Louisville attorney and bourbon historian Brian Haara, who delivered an eye-opening presentation on the surprising ways bourbon law helped shape American commercial law. Haara, an attorney at Fultz Maddox Dickens, is the author of "Bourbon Justice."

Davidson County Chancellor Anne Martin followed with an insider’s perspective on Tennessee’s Business Courts, offering valuable insights from the bench. That evening, attendees enjoyed a specially curated four-course dinner featuring local Kentucky flavors at the acclaimed Proof on Main.

Saturday’s sessions began with a dynamic ethics program led by TBA President Ed Lanquist Jr., Court of Appeals Judge Neal McBrayer and Martin. Using scenes from popular films, the trio guided participants through a thoughtful discussion of legal ethics highlighting both the “reel” and real-life challenges attorneys face in practice. The weekend wrapped up with bourbon tastings and tours along the Urban Bourbon Trail, where participants chose from renowned distilleries including Angel’s Envy, Rabbit Hole, Old Forester and Peerless Distilling Co. View photos from the trip. Want to join the next destination CLE? Visit TBA's website to stay in the loop.

Attorney and Dr. Robert Thomas Armour died April 14 at age 70 in Barbourville, Kentucky. Armour earned his law degree from Southern Methodist University and practiced law for several years before transitioning to a career in education. He began his teaching career in Memphis and later joined the faculty at Union College, where he taught until his retirement in 2020. During his there, he chaired the Department of Social and Behavioral Sciences for over a decade, "guiding both students and faculty with wisdom and compassion," according to his obituary. Armour relocated to Kentucky after retirement but remained a member of the Tennessee Bar Association. A private gathering of family and friends will be held at a later date. Arrangements are under the direction of Knox Funeral Home.

The Tennessee Bar Foundation has launched a new IOLTA Capital Improvement and Technology Enhancement (CITE) Grant, a one-time grant to help legal aid and civil legal services providers strengthen operational capacity and technology. Funding can be requested for capital improvements, projects that enhance efficiency and improving client service with technology, or projects that drive innovation through technology. Applications should be submitted by 11:59 p.m. CDT on April 23. Read more in a press release from the foundation or access detailed guidelines — including eligibility requirements, application standards and evaluation criteria — and frequently asked questions on the foundation’s website.

West Tennessee Legal Services (WTLS) is partnering with the Tennessee Governor’s Faith-Based and Community Initiative and the Tennessee Supreme Court Access to Justice Commission to host a free expungement clinic on April 25 in Jackson in celebration of Second Chance Month and Help4TN Month, WBBJ News reports. The clinic will allow qualifying individuals to have their criminal records erased. It is open only to those with charges in Madison County General Sessions or Circuit courts. Pre-registration is required. Call (731) 423-0616 or visit wtls.org to complete an online application.