This appeal concerns the discovery rule. Dr. Jason C. Eck, D.O. (“Defendant”) performed spinal surgery on Keetly Marc (“Plaintiff”). On November 10, 2020, Plaintiff’s counsel, who then was representing Plaintiff only in a workers’ compensation case, received information through discovery reflecting that Plaintiff’s surgery was performed at the wrong level. Counsel reviewed the material on November 30, 2020, and informed Plaintiff by December 4, 2020. On November 24, 2021, Plaintiff sent pre-suit notice. On March 30, 2022, Plaintiff sued Defendant in the Circuit Court for Hamilton County (“the Trial Court”) alleging health care liability. Defendant filed a motion for summary judgment asserting the statute of limitations. The Trial Court granted summary judgment to Defendant. Plaintiff appeals. We hold that Plaintiff cannot be charged with constructive notice based on her attorney’s November 10, 2020, receipt of the relevant information because counsel was then representing Plaintiff only in a workers’ compensation case, and a potential health care liability claim was beyond the scope of her representation. Thus, the knowledge obtained by Plaintiff’s counsel on November 10, 2020, may not be imputed to Plaintiff. Plaintiff was made aware of the relevant information at some point from November 30, 2020, through December 4, 2020, meaning her lawsuit against Defendant was timely filed. We reverse the Trial Court’s judgment and remand for this case to proceed.

Appellee’s employment as a City of Memphis Firefighter was terminated based on an offensive post to Appellee’s Facebook page. After receiving notice of his termination, Appellee requested an appeal hearing with the City of Memphis Civil Service Commission. Following the hearing, the Commissioner issued a decision affirming the termination, and Appellee sought review in the trial court. The trial court reversed the Commissioner’s decision, finding that substantial and material evidence did not support the decision, and that the decision was arbitrary and capricious and made in violation of Appellee’s right to equal protection. The City of Memphis appeals. We vacate the trial court’s decision reversing the Commission’s termination of Appellee’s employment. The case is remanded to the trial court for entry of an order vacating the Commissioner’s decision and ordering further proceedings in compliance with this opinion.

Litigation arose in connection with a dispute over an option agreement to purchase property. The parties agreed to settle the case and to allow a Tennessee-licensed real estate appraiser to set the purchase price. The purchasers, however, moved to set aside the price set by the appraiser. Relying on the opinions of a licensed real estate broker and a different licensed appraiser, the purchasers argued that the appraiser’s valuation deviated from the required professional standards to such an extent that it fell below the relevant standard of care. The trial court denied the motion, concluding: (1) the purchasers could not under the settlement agreement challenge the appraisal; (2) even if they could, the real estate broker’s lack of an appraisal license rendered him per se incompetent to testify; and (3) the purchasers failed to provide a declaration from their expert licensed real estate appraiser stating that the appraisal had not been conducted in accordance with professional standards. In response to a motion to alter or amend, the trial court judge recognized that the purchasers had, in fact, provided such a declaration, but, nevertheless, denied their motion. The purchasers appeal. We conclude that the purchasers can challenge the appraiser’s evaluation on the limited basis that he allegedly departed from the professional standard of care. We also conclude the Tennessee licensed real estate broker not holding a Tennessee real estate appraiser’s license does not per se render his testimony incompetent. We also conclude that even assuming the testimony from the real estate broker is inadmissible, the purchasers have presented evidence that the appraisal was not conducted in accordance with professional standards. Accordingly, we remand this case to the trial court for the trial court to reassess the admissibility of the real estate broker’s testimony and to determine whether the appraiser violated the professional standard of care.

Earlier this summer, President Joe Biden announced a new pathway to citizenship for immigrant spouses. The plan, an expansion of a current program known as “Parole in Place,” was designed to allow certain undocumented immigrants who are married to U.S. citizens to stay in the country and work legally. The new “Keeping Families Together” program began accepting applications last week but is now in limbo after a federal judge in Texas blocked it, the Associated Press reports. The plan is being challenged by 16 states, including Tennessee. The government says it will continue to accept applications and fight to reinstate the program.

State Sen. Todd Gardenhire, R-Chattanooga, was transported to a hospital in Nashville on Wednesday after experiencing a brief health episode. The Chattanooga Times Free Press reports that Gardenhire, 76, was taken from the Cordell Hull State Office Building "out of an abundance of caution." A spokesperson for the senator says he "was awake and alert when he left the building and is presently in good spirits." Gardenhire, who has represented Chattanooga in the Senate since 2013, said in a text he is recovering.

The U.S. Supreme Court on Wednesday declined without comment the Biden administration’s request to reinstate its new student debt relief as legal challenges to the plan proceed, SCOTUSblog reports. Two groups of Republican state attorneys general challenged the Saving on a Valuable Education (SAVE) plan, arguing the administration does not have legal authority to implement it. In those cases, the 10th U.S. Circuit Court of Appeals allowed the plan to go forward while the 8th Circuit Court of Appeals effectively blocked it. The conflict in the appellate courts led the administration to seek the Supreme Court’s emergency intervention. The Hill also reports that the court turned down an alternative idea proposed by all sides that it consider the case on the merits during its upcoming term.

The Hamilton County Commission has named Tori Smith as its new General Sessions Court judge, Chattanoogan.com reports. She will replace Judge Alex McVeagh, who recently was elected as a circuit court judge. Smith currently is a supervisor in the public defender's office. She will be sworn in Sept. 4 at 9:30 a.m. EDT. McVeagh will be sworn in the next day at 2 p.m. EDT. Smith will serve until the August 2026 general election. The winner of that election then will serve until 2030, which is when McVeagh’s term would have expired.

The U.S. Supreme Court will hear arguments from Tennessee families and physicians later this year in a case challenging the state’s ban on transgender medical care for minors. This week, a group of families and physicians filed a brief with the court urging it to block the law, WPLN reports. Failure to do so would set a legal precedent for discrimination against transgender people, they argue. The ACLU of Tennessee has a copy of the filing. The 6th Circuit Court of Appeals allowed the law to take effect last year. State Attorney General Jonathan Skrmetti says the case “will bring much-needed clarity to whether the constitution contains special protections for gender identity.”

The University of California’s Berkeley School of Law will begin offering an AI-focused master of laws (LLM) degree next summer, Bloomberg Law reports. Applications are now being accepted for the program, which was created with the assistance of leaders from within the AI industry, including Meta Platforms Inc. and Anthropic. A spokesperson for the school says the program is ideal for attorneys “seeking to future-proof their practice.” Courses will include AI ethics, the fundamentals of AI technology, and current and future efforts to regulate AI at home and abroad. The program is structured to be completed over two summers or over a year by working remotely in combination with a summer on campus. Read more from the school.

It has been more than a year since Vanderbilt University Medical Center (VUMC) notified 174 transgender patients that their medical information had been provided to Tennessee Attorney General Jonathan Skrmetti in response to a probe into possible fraudulent billing practices. Three patients are suing the hospital. One is seeking class action status for patients who had records disclosed. VUMC argues that plaintiff lacks an adequate class representative. The other two patients are seeking class action status for those who were misinformed about having records disclosed. VUMC argues they lack standing. The Nashville Banner has more on the cases.