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Posted by: Azya Thornton on Feb 26, 2025

An out-of-network hospital sued a TennCare managed care organization (“MCO”), seeking additional payment for healthcare services rendered to the MCO’s members. The MCO moved for summary judgment on the hospital’s claims for payment for post-stabilization services provided to both existing and retroactive members. With respect to the existing members, the MCO argued that the hospital could not show that the MCO had a legal obligation to pay for the post-stabilization services at issue. So the hospital could not establish that the MCO was unjustly enriched. The trial court agreed and summarily dismissed these claims. It also certified the dismissal as final. We vacate the dismissal and remand for further proceedings.

Posted by: Azya Thornton on Feb 26, 2025

This appeal arises from the termination of a tenured teacher. The trial court determined that the school district terminated the teacher without legal cause and ordered that she be reinstated with backpay but denied her request for attorney’s fees. Finding that the teacher waived any issue pertaining to whether the school board followed the procedural requirements of the Teacher Tenure Act, and that she engaged in conduct which constituted two of the three charges levied, we affirm in part and reverse in part.

Posted by: Azya Thornton on Feb 26, 2025

The parental rights of Chasity H.' ("Mother") were terminated by the Knox County Juvenile Court ("the trial court") on January 22, 2024. Mother appeals, arguing that the trial court erred ni finding that termination of her parental rights was ni the best interest of the children. Discerning no error, we affirm the trial court's decision.

Posted by: Stacey Shrader Joslin on Feb 26, 2025

Judges across the county continue to rule on challenges to presidential executive orders. A federal judge in Washington state has blocked the Trump administration from suspending the U.S. refugee program. By contrast, a federal judge in Washington, D.C., declined to reinstate refugee funding in a case brought by Catholic bishops, The Hill reports. In another case, a federal judge in Maryland blocked immigration agents from conducting enforcement operations in houses of worship for a handful of religious groups, according to the Associated Press. With regard to the activities of the Department of Government Efficiency (DOGE), a federal judge in Washington, D.C. blocked the administration’s freeze of federal aid and a judge in Maryland blocked DOGE access to the Department of Education and Office of Personnel Management. The administration lays out its arguments for these changes in the orders, which are available on the White House website.

Posted by: Azya Thornton on Feb 26, 2025

A wife appeals from the final judgment in a protracted divorce. Based on the proof at trial, the court classified and divided the marital estate, adopted a permanent parenting plan, set monthly child support, and awarded the husband retroactive support back to the date of the divorce filing. The wife raises numerous issues on appeal, many of which we deem waived for failure to comply with our procedural rules. Because the final order lacks sufficient factual findings with respect to the calculation of retroactive child support, we vacate that award and remand for additional findings. Otherwise, we affirm.

Posted by: Azya Thornton on Feb 26, 2025

Father appeals the termination of his parental rights. The trial court found three statutory grounds for termination: abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to assume custody. The trial court also concluded the termination of Father’s parental rights was in the best interest of the child. Because clear and convincing evidence supports that at least one of the termination grounds exists and that termination is in the child’s best interest, we affirm the termination of Father’s parental rights.

Posted by: Azya Thornton on Feb 26, 2025

For over a decade, Leah Gilliam’s vehicle displayed a personalized license plate that read “69PWNDU.” The State eventually revoked the plate after deeming the message offensive. Gilliam sued state officials, alleging that Tennessee’s personalized license plate program discriminates based on viewpoint in violation of the First Amendment. The State argues that the First Amendment’s prohibition of viewpoint discrimination does not apply to the alphanumeric characters on Tennessee’s personalized license plates because they are government speech. In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the United States Supreme Court held that Texas’s specialty license plate designs were government speech. 576 U.S. 200, 213 (2015). Although personalized alphanumeric combinations differ from specialty plate designs in some respects, a faithful application of Walker’s reasoning compels the conclusion that they are government speech too. We reverse the Court of Appeals’ contrary holding and reinstate the trial court’s judgment in favor of the State.

Posted by: Stacey Shrader Joslin on Feb 26, 2025

In a recent press release, the ABA outlined the status of its efforts to revise law school accreditation standards. For the last year, the association has been considering changes to Standard 206, which currently outlines the steps law schools must take to demonstrate a commitment to diversity and inclusion. At its last meeting, the Council of the ABA Section of Legal Education and Admissions to the Bar considered comments submitted in response to proposed changes, as well as other potential changes. It says it is continuing to review the standard to “ensure compliance with the recent executive orders and [direction from] the U.S. Department of Education” and intends to submit its recommendation to the ABA House of Delegates in August. Last week, the ABA decided to suspend the standard until Aug. 31, when adoption of a revised standard is anticipated. The council also said that “literal compliance” with Standard 205 will not be required. That standard prohibits discrimination on the basis of race, color, ethnicity, religion, national origin, gender, gender identity or expression, sexual orientation, age, disability or military status.

Posted by: Azya Thornton on Feb 26, 2025

TBA’s annual Elder Law Forum will take place in person July 25 at the Belmont College of Law. This event will offer insights from top professionals and an opportunity for attendees to network with other lawyers in the elder law practice area. Forum topics will include Medicaid and TennCare, undue influence, office systems and AI, Veterans Affairs benefits and ethics. Elder Law Section members receive a discounted rate to attend. Register now!

Posted by: Azya Thornton on Feb 26, 2025

General Sessions Court Judge Sheila Bruce-Renfroe is seeking $800,000 in additional funding to expand the Shelby County Mental Health Court, which provides an alternative to incarceration for individuals with mental health diagnoses. According to Action News 5, Renfroe says the court has struggled to reorganize and re-energize since the pandemic, although it has continued to admit participants. In 2023, the Tennessee legislature allocated $5.7 million to mental health courts statewide, with Shelby County receiving $367,000. Additional local funding was redirected to jail repairs. With just 48 admissions in Fiscal Year 2023, Renfroe aims to increase capacity to 120 participants and improve program outcomes. She plans to request the additional funding from Shelby County commissioners according to the news station. Shelby County Mayor Lee Harris expressed qualified support, saying, “I would love to invest more money in our mental health court and for me and the public it’s just function. Can we get more cases turned? Because I’m all for the investment, but I’m also for accountability.”


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