This past month members of the TBA Young Lawyers Division (YLD) have been visiting law schools across the state. Yesterday, YLD Board members Lorne Hiller, Jennifer Safstrom and Darius Walker Jr. joined together for a final stop at Vanderbilt University Law School. Students were encouraged to apply to the award-winning Diversity Leadership Institute, as well as to reach out to lawyers and begin networking with members of the TBA while still in law school. See a photo from the event.

This past month members of the TBA Young Lawyers Division (YLD) have been visiting law schools across the state. Today, YLD Board members Lorne Hiller, Jennifer Safstrom and Darius Walker Jr. joined together for a final stop at Vanderbilt University Law School. Students were encouraged to apply to the award-winning Diversity Leadership Institute, as well as to reach out to lawyers and begin networking with members of the TBA while still in law school. See a photo from the event.

In 2015, a Shelby County jury convicted the Petitioner, Cordell Ash, of especially aggravated robbery, attempt to commit first degree murder, employing a firearm during the commission of a dangerous felony, and of being a convicted felon in possession of a firearm. The trial court imposed an effective sentence of thirty years in the Tennessee Department of Correction. The Petitioner filed a delayed appeal, and this court affirmed the trial court on appeal. Ash v. State, No. W2019-01172-CCA-R3-PC, 2020 WL 4919798, at *1 (Tenn. Crim. App. Aug. 20, 2020), no perm. app. filed. The Petitioner filed for post- conviction relief, alleging ineffective assistance of counsel. After a hearing, the post- conviction court denied relief. On appeal, the Petitioner maintains that his attorney was ineffective for failing to investigate possible defenses such as a third-party perpetrator. After review, we affirm the post-conviction court’s judgment.

A husband and his wife found their rental boat unsatisfactory. So they sued the rental company, alleging a violation of the Tennessee Consumer Protection Act. The rental company moved to dismiss based on a forum-selection clause in the rental agreement that required all disputes to be brought in a different county. The husband and wife responded that the venue provision of the Tennessee Consumer Protection Act controlled over the forum-selection clause. The trial court agreed with the rental company and dismissed the suit without prejudice. We vacate the judgment.

This appeal concerns premises liability. Michael Darren Franz (“Mr. Franz”) and his wife Pamela Franz (“Plaintiffs,” collectively) sued Oscar Funes (“Defendant”) in the Circuit Court for Blount County (“the Trial Court”) for injuries Mr. Franz sustained from falling down the stairs at a residential rental property built and owned by Defendant. The stairs, which led from the first floor to the second floor, lacked a code-compliant handrail going the length of the stairs. Defendant filed a motion for summary judgment, which the Trial Court granted. Plaintiffs appeal. We conclude that the reasonably foreseeable probability and gravity of harm to Plaintiffs, namely serious injury or death from falling down the stairs, outweighed the burden on Defendant to engage in alternative conduct which would have prevented a risk of harm, such as extending the railing to the top of the stairs. Under common law principles of negligence, as well as negligence per se from the code violation, Defendant owed a duty of care. In addition, genuine issues of material fact exist in this case regarding causation and comparative fault. We reverse the judgment of the Trial Court and remand for further proceedings consistent with this Opinion.

September 23, 2024 - September 27, 2024.

Nashville’s Community Review Board continues to negotiate a memorandum of understanding (MOU) with the Metro Nashville Police Department nearly a year after its reconstitution. The MOU would govern how the board and police work together, outlining procedures for the board’s review of the department’s internal investigations. According to the Nashville Banner, the lack of a finalized agreement has led to frustration among board members and delays in case reviews due to missing body camera footage. Mayor Freddie O’Connell told the board in April that his office would get involved if progress toward an MOU stalled.

The Shelby County Juvenile Court reopened its downtown building Friday after completing environmental remediation, the Daily Memphian reports. The building had been closed since April for asbestos, lead and mold remediation. Staff relocated to various sites throughout the county during the closure. The building will reopen in phases over a week. “We are grateful to the Shelby County Health Department for ensuring the safety of our employees and the public,” said Stephanie Hill, chief administrative officer of the court.

A Kansas judge last week dismissed a defamation lawsuit against U.S. Rep. Tim Burchett, R-Knoxville, ruling that Denton Loudermill Jr. lacked jurisdiction to bring the case. WBIR News 10 reports that Loudermill sued Burchett in March after Burchett tweeted a photo of Loudermill, referring to him as a gunman and an "illegal," following a fatal shooting at a Kansas City Chiefs Super Bowl celebration on Feb. 14. Loudermill, a U.S. citizen, was briefly detained after the shooting broke out but never charged. Burchett's attorneys argued the lawsuit should be dismissed because the action had no connection to Kansas, as Burchett does not live or represent constituents in that state. Following the dismissal, Loudermill's attorney said he would refile the suit in Washington, D.C., according to The Tennessee Journal.

President Joe Biden signed an executive order last week aimed at limiting access to machine gun conversion devices and 3D printed guns, as well as improving active-shooter drills in schools. Memphis Mayor Paul Young attended the event, writing on Instagram, "This bold action will help save lives and protect our neighborhoods from the devastating effects of gun violence." The order establishes an interagency Emerging Firearms Threats Task Force to conduct a risk assessment of the threats posed by machine gun conversion devices and 3D-printed guns, and report back within 90 days on ways to ways to stop the proliferation of such devices. The order also directs the executive branch to research how active-shooter drills may cause trauma to students and educators, with the goal of helping schools conduct drills that maximize effectiveness and limit harm. That information is to be published within 110 days. The Daily Memphian has more.