In this interlocutory appeal, the employer argues the trial court erred in awarding the employee a panel of pain management specialists in her new locale. The employee, a certified nursing assistant, reported an injury after lifting a patient at work. The authorized physician initially stated the employee’s condition was primarily related to the reported incident and provided conservative care. Following further diagnostic testing, however, the physician revised his opinion, stating the employee’s back condition was primarily related to a pre-existing, degenerative condition and that she had received all necessary treatment related to the reported work injury. The employee obtained an evaluation from another physician, who stated the work accident was the primary cause of several disc herniations and recommended pain management treatment. The employee moved to another state and requested a panel of specialists, which the employer denied. At an expedited hearing, the trial court found that the treating physician’s opinion was inconsistent, determined the causation opinion of the employee’s expert rebutted the statutory presumption of correctness afforded the opinion of the authorized physician, and ordered the employer to provide a panel of pain management providers near the employee’s new residence. The employer has appealed. Upon careful consideration of the record and the arguments of counsel, we reverse the trial court’s determination that the employee’s expert rebutted the causation opinion of the panel-selected physician, affirm as modified the order for the employer to provide a new panel, and remand the case.

The Knoxville Bar Association (KBA) has released the results of a member poll regarding the candidates for three area judicial seats: Knox County law director, Knox County Criminal Court Division II judge and one Tennessee Supreme Court justice who is being considered for retention. The KBA’s nonpartisan Judicial Committee oversees the survey. Local attorneys — 300 in this case — anonymously rate candidates as either strongly recommended, recommended, not recommended, strongly not recommended or no knowledge. The Knox County General Election is Aug. 1, with early voting running from July 12-27. Read more in a release from the group.

Gov. Bill Lee has announced three new judicial appointments: Jennifer Nichols has been appointed to the 18th Judicial District Circuit Court, Jessica Parrish to the 22nd Judicial District Circuit Court and Jim Newsom to the 30th Judicial District Chancery Court. Newsom was named as a special judge to replace Shelby County Chancellor Jim Kyle who is on disability due to a nonfatal autoimmune disorder, the Daily Memphian reports.“I am proud to announce the appointment of these highly qualified individuals and value the significant experience they will bring to their respective roles,” Lee said. “I appreciate their leadership and am confident they will serve Tennesseans with integrity.” Read more about the new judges in a press release from the governor's office.

KAREN NELSON MOORE, Circuit Judge. During the COVID-19 pandemic and in response to Executive Order 14042, Kalitta Air, LLC (“Kalitta”) implemented a vaccine mandate for all of its employees. Kalitta purportedly granted religious and medical accommodations to the mandate by providing employees with three and twelve months, respectively, of unpaid leave, after which employees would be terminated if they remained unvaccinated. Eleven employees, (“Plaintiffs”), including five pilots (the “Pilot Plaintiffs”), sued Kalitta under Title VII of the Civil Rights Act of 1964 (“Title VII”) and the Americans with Disabilities Act (“ADA”), claiming that the mandate discriminated against them on the basis of their religious beliefs and/or disabled status. The district court found that, because the Pilot Plaintiffs were subject to a collective bargaining agreement (“CBA”), the Railway Labor Act (“RLA”) precluded it from hearing certain of their Title VII and ADA claims, which must first go through arbitration as minor disputes. The Pilot Plaintiffs timely appealed. The other six Plaintiffs’ claims are not before this court on appeal. We AFFIRM the district court’s Order regarding the Pilot Plaintiffs.

A Chester County jury convicted the Defendant, Todd Allen Robbins, of theft of a vehicle, among other offenses. On appeal, the Defendant and the State agree that the proof did not establish the vehicle’s value at the time it was stolen. We agree and modify the Defendant’s conviction to a Class A misdemeanor offense. We respectfully remand the case for entry of a modified judgment of conviction reflecting the modified offense class and a sentence of eleven months and twenty-nine days.

Nearly 29 years ago, Anthony E. Perry, Defendant, kidnapped and killed Dorothy Webber. Defendant now appeals from the dismissal of his motion to correct a clerical error under Tennessee Rule of Criminal Procedure 36. In the motion, Defendant argued that he was entitled to release eligibility after serving 25 years in incarceration on a life sentence for first degree murder, that his sentence was illegal because there was no notation in the special conditions box on the judgment form to inform the Department of Correction to calculate his release date under Tennessee Code Annotated section 40-35-501(i), and that his release eligibility calculation violated the ex post facto clauses of the Tennessee and United States constitutions. Because the trial court did not abuse its discretion in dismissing the motion, we affirm the judgment of the trial court.

Defendant, Juan Deshaun Hoyle, was convicted by a Madison County jury of two counts of unlawful possession of a firearm after having been convicted of a felony crime of violence (counts one and two), and one count each of unlawful possession of a firearm after having been convicted of a felony drug offense (count three), and simple possession of marijuana (count four). The trial court imposed an effective twenty-year sentence. On appeal, Defendant argues that there was insufficient evidence that he possessed a firearm and that the sentence imposed was not the least severe measure necessary. Following review of the entire record, oral arguments, briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

A group calling themselves "Patriot Front" marched through Downtown Nashville on Saturday with a "Reclaim America" banner, American flags, a Confederate flag and passing out flyers while chanting on their way to the front of the Capitol. Nashville Mayor Freddie O'Connell denounced the group on social media, saying Tennesseans should "refuse to allow this to be normalized." On Monday, the mayor's office confirmed that the group did not have a permit, Fox17 reports. Gov. Bill Lee responded that the far-right group's position on anti-Semitism should not be condoned, saying, "... that group with anti-Semitic ties should be condemned at every level." Read more from News Channel 5.

This is an appeal from the denial of a petition to dismiss under the Tennessee Public Participation Act (“TPPA”), Tenn. Code Ann. §§ 20-17-101 to -110. The defendantpetitioner asserted that this action was filed by the plaintiffs in response to his “exercise of the right of free speech,” which the TPPA defines as “communication made in connection with a matter of public concern.” Specifically, the defendant-petitioner asserted that he was exercising his right of free speech regarding a matter of public concern when he made public the plaintiffs’ failure to disclose their involvement in prior franchise litigation and regulatory actions as required by franchising laws. The trial court denied the petition, finding that the TPPA did not apply because the claims did not involve issues or matters of public concern and free speech as referenced in the TPPA. This appeal followed. We respectfully disagree with this finding. We conclude that the defendant-petitioner presented prima facie evidence that the plaintiffs commenced this action in response to the defendantpetitioner’s exercise of free speech on a matter of public concern related to goods, products, or services in the marketplace. Specifically, the defendant-petitioner’s public dissemination of information via a website alleging that the plaintiffs were continuing to market franchises while withholding material information required to be disclosed by the Federal Trade Commission Franchise Rule. See 16 C.F.R. pt. 436. Accordingly, we reverse the judgment of the trial court and remand for further proceedings.

Oak Ridge lawyer Donald Bryson Roe died Dec. 19, 2023, at the age of 82. Roe earned his law degree in 1966 from the University of Tennessee College of Law. His first job was assistant city attorney in Oak Ridge. He later moved to Washington, D.C., to work for the House of Representatives Select Committee on Small Business from 1971-1973. He then returned to Oak Ridge and opened a law practice. In 1975, Roe earned a Master of Business Administration from the University of Tennessee and taught law workshops for graduate students. Roe was remembered at a celebration of life in January. He is buried at Oak Ridge Memorial Park.