This is an appeal of a final divorce decree brought by a husband acting pro se. Because the husband’s brief is deficient, we determine that he has waived consideration of any issues. Accordingly, this appeal is dismissed.

This interlocutory appeal presents an issue of first impression. Following a compensable work accident, the authorized treating physician restricted the employee from engaging in certain activities, including driving. The employer offered a light duty position that it asserted complied with all work-related restrictions. The employee declined to accept the light duty job offer because she was unable to get to and from work due to the no-driving restriction. In response, the employer terminated temporary disability benefits, asserting it had offered the employee a reasonable light duty position that complied with all work- related restrictions, and it had no legal obligation to get the employee to and from work. The trial court disagreed and ordered the employer to reinstate temporary disability benefits as of the date the physician assigned the no-driving restriction, and the employer has appealed. Upon careful consideration of the record and arguments of counsel, we reverse the trial court’s order and remand the case.

October 14, 2024 - October 18, 2024

A three-judge panel heard arguments Friday over Nashville Booting’s request for relief from a Tennessee law that went into effect in July, effectively banning third-party booting companies from operating at private parking lots. According to the Nashville Banner, the company's attorney claims the law has essentially shuttered the business. In court, the company argued that the law violates the contract clause of the U.S. Constitution by nullifying dozens of contracts the company had in place with property owners. Attorneys for the state argued that legislating in the public interest can supersede the contract clause. The judges did not rule on a request for temporary relief. Scroll to the sixth story in the Banner's newsletter for more on the story.

The family of an employee for Impact Plastics who was killed by flooding caused by Hurricane Helene has filed a wrongful death lawsuit against the company, arguing that workers were forced to stay at their posts even when managers knew conditions were becoming dangerous. According to the Associated Press, many of the surviving employees have stated they were not allowed to leave the plant in time to avoid the storm’s impact. The suit argues that Impact Plastics had no required plan to safely evacuate employees even though the plant was located in a flood plain and regularly experienced water creeping into its parking lot. The suit comes after the Tennessee Bureau of Investigation (TBI) announced earlier this month that it was investigating allegations involving Impact Plastics at the direction of the local prosecutor. Impact Plastics has maintained that it monitored weather conditions and that managers dismissed employees “when water began to cover the parking lot and the adjacent service road, and the plant lost power.”

Germantown Municipal Court Judge Rhea Clift has been sworn in after winning the election in August, assuming the seat her father, Ray Clift, held for 40 years. He retired two years ago. The younger Clift worked at the district attorney’s office for nine years and later served as assistant prosecutor in Bartlett. She then became the city's chief prosecutor in 2020. Clift won the election in August capturing 63% of the vote over Justin Gee. During the swearing in ceremony, she said, “Thank you, Mom and Dad. You gave me a great name.” The Daily Memphian has more on the story.

Memphis faces a surge of gun thefts from cars, with more than 2,100 stolen in 2023, an increase of 641% during the past decade, the Daily Memphian reports. By contrast, in 2011, 287 guns were stolen from cars in Memphis. The increase follows passage of Tennessee's 2014 "guns in cars" law, which allows gun owners to store firearms in their cars if the weapons are properly secured. The law does not impose penalties for non-compliance and does not require owners to report thefts. In addition to the guns in cars law, Tennessee allows gun owners to carry openly in public without a permit. Gun safety advocates tell the paper that repealing permitless carry would have an “overnight” effect on gun thefts from cars. State Rep. Jeremy Faison, R-Cosby, an original sponsor of the guns in cars law, says gun owners need to properly secure their guns.

Middle Tennessee residents are joining environmental groups in calling for stronger state protections for the Duck River, one of the most biodiverse freshwater rivers in North America, Tennessee Lookout reports. The Southern Environmental Law Center is representing the Tennessee Wildlife Federation in an appeal against several state permits including one that would allow Columbia Power and Water Systems to develop a second water withdrawal site without additional restrictions during low water flows. Opponents of the permits argue that two factors — drought and utility companies’ plans to withdraw millions more gallons of water from the river to keep up with development and growth — are putting the river and the species that call it home in peril. The Duck River Conservancy, a preservation advocacy group, is advocating for a comprehensive water conservation and drought management plan for the region.

Despite the blockbuster job market for new law graduates in 2023, racial and ethnicity disparities in employment rates remained, according to recent data released by the National Association for Law Placement. Disparities were seen in legal jobs that require bar admission with 84% of those going to white graduates, as well as all legal jobs with 94% of those going to white law graduates, Reuters reports. Even as gaps narrowed for most minority groups, the employment disparity between white and Latino law graduates increased from last year. Those disparities are widest when looking at legal jobs that require bar admission. The new figures came amid an unusually robust job market for 2023 law graduates. Overall 92.6% of them landed jobs within 10 months of graduation — up half a percentage point from 2022.

The TBA and Tennessee Urban Forestry Council will provide an upcoming CLE opportunity on trees and the law. The half-day program is focused on urban forestry and legal issues affecting municipal governance and sustainability. Topics include utilities and trees in city planting strips, how municipalities can address liability for hazardous trees, an assessment of tree canopy ordinances, relevant legislative updates and more. Learn more and register here.