Loring Justice (“Justice”) filed a complaint against Kim Nelson (“Nelson”); David Valone (“Valone”) and the Law Office of David Valone (collectively, “Valone Defendants”); and Martha Meares (“Meares”), and Meares and Associates and/or Meares and Dillard (collectively, “Meares Defendants”), (collectively, “Defendants”) in the Chancery Court for Knox County (“the Trial Court”). Justice alleged, inter alia, wrongful execution of judgment and abuse of process. Nelson filed a motion to classify Justice’s action as an abusive civil action (“ACA”) pursuant to Tenn. Code Ann. § 29-41- 101, et seq. The Trial Court granted Nelson’s ACA motion, and Justice appealed. Having reviewed the evidence, we affirm, albeit for somewhat different reasons than provided by the Trial Court.

This case involves a dispute over recovery under the Tennessee uninsured/underinsured motorist statutory scheme. The plaintiffs initiated a lawsuit against the defendant driver and served notice on their own insurance carrier. The plaintiffs also served notice on the insurance carrier covering the borrowed vehicle that the plaintiffs had been utilizing when the accident occurred. The plaintiffs' insurer entered into a settlement with the plaintiffs for $50,000 each, an amount that equaled the policy limit of the uninsured motorist coverage provided in the policy covering the borrowed vehicle. The defendant driver's insurer also entered into a settlement with the plaintiffs, paying them $30,000 each. The uninsured motorist carrier covering the borrowed vehicle filed a motion for summary judgment. Following a hearing, the trial court granted summary judgment in favor of the insurance carrier upon concluding that Tennessee Code Annotated § 56-7-1201(b)(3)(D) and the policy covering the borrowed vehicle limited the plaintiffs' recovery via judgment to an amount no greater than the policy providing the highest limits of uninsured motorist coverage. Plaintiffs have appealed. Discerning no reversible error, we affirm.

Retired Sullivan County Chancellor E.G. Moody died June 16 at the age of 79 years. Moody earned his law degree from the University of Tennessee College of Law in 1971 and practiced with the Kingsport law firm of Hawkins, Moody, Bingham and Miller for 35 years. He was elected to the 2nd Judicial District Chancery Court in September 2006 and retired in 2022 after 16 years of service. Among his professional accomplishments, Moody presided over the landmark “Baby Doe” case against opioid manufacturers, which yielded a $35 million settlement. A celebration of life will be held at a later date. Memorial donations may be made to The Crumley House, 300 Urbana Rd., Limestone, TN 37681, or a charity of the donor’s choice. Read reflections from those who worked with him from WJHL.

Mark your calendar for the 2024 Disability Law Forum, to be hosted as a live virtual event on Oct. 25. The half-day program will run from 9 a.m. to 12:30 p.m. CDT. Sessions will cover a variety of topics applicable to disability law practitioners, including a vocational expert discussing the use of artificial intelligence when reviewing files, a DDS/OHO update and more. Participants include Gallatin lawyer Christopher George and Knoxville lawyer Emma Drozdowski Webb, as well as representatives from Tennessee Disability Determination Services.

A U.S. Supreme Court opinion in a case challenging Idaho's near-total abortion ban was "inadvertently and briefly" uploaded to the court's website today, according to a spokesperson for the court, who added that the opinion in Moyle v. United States "will be issued in due course," according to Newsweek. The accidentally shared document indicated the court would dismiss Idaho’s appeal in the case, allowing emergency abortions in the state, but did not address other issues raised in the case. With two opinion days left, the justices have just under a dozen rulings to announce this term, including Moyle. AP has a link to the unofficial document.

The Knoxville Bar Foundation inducted 10 new fellows during a reception yesterday. The new members are: Joshua J. Bond, Donald J. Farinato, Bryce E. Fitzgerald, Janet S. Hayes, Joan M. Heminway, Benjamin W. Jones, B. Chase Kibler, James S. MacDonald, Brandon L. Morrow and Robert P. Noell. The foundation is a not-for-profit entity established to improve public awareness of the legal system in Knoxville, the administration of justice, and the delivery of legal services through its grant program. Read more in this release. See a photo of the group.

The Tennessee Supreme Court today issued an order soliciting comments on a proposal from the Board of Professional Responsibility to amend Tennessee Supreme Court Rule 9, section 10.1 regarding the confidentiality of attorneys’ contact information. On June 18, the board petitioned the court to amend its rules to “classify as confidential and not public record the personal addresses and contact information Tennessee attorneys provide to the board.” Comments should be submitted by July 26 and should reference docket number ADM2024-00922. Comments may be emailed to Appellate Court Clerk James Hivner or mailed to 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219.

The Defendant, Larry E. Orozco, was originally convicted of two counts of attempted second-degree murder, two counts of unlawful employment of a firearm during an attempt to commit a dangerous felony, and seven counts of reckless endangerment committed with a deadly weapon, for which he received an effective sentence of thirty-one years’ imprisonment. This court affirmed his convictions on direct appeal; however, appellate review of his sentence was waived because the record did not include the sentencing hearing transcript. The Defendant subsequently filed a post-conviction petition alleging ineffective assistance of counsel, and the trial court granted a delayed appeal. The Defendant now challenges the consecutive nature of his sentence and contends the trial court erred in finding that he was a dangerous offender, see Tenn. Code Ann. § 40-35- 115(b)(4), and in failing to make the necessary findings pursuant to State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). Upon our review, we detect clerical errors in the judgments and remand for entry of corrected judgments in counts 10, 11, 12, 16, 17, and 19. In all other respects, we affirm.

The Petitioner, acting pro se, appeals the Davidson County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis. Upon our review, we affirm.

A third lawsuit has been filed against Johnson City, its police force and more than two dozen officers by a woman who says police took bribes to protect a serial rapist, WJHL reports. Mikayla Evans alleges that local businessman Sean Williams drugged her and then pushed her from a fifth-story window during an attempted sexual assault. Tennessee Lookout reports that she suffered life-threatening injuries that left her bedridden for two years. The suit also alleges that in exchange for cash, police did not investigate, arrest or charge Williams; intentionally destroyed evidence; and allowed Williams to destroy evidence. The new suit is the latest in an ongoing investigation. Last year, a lawsuit filed by nine women alleged a wider corrupt scheme by Johnson City police to shield Williams after he was accused of sexual assault by multiple women. In 2022, former Special Assistant U.S. Attorney Kateri Dahl filed a whistleblower suit against the city and police chief arguing that her efforts to investigate Williams were thwarted. Williams is currently in federal custody awaiting trial on federal and state charges connected to sexual exploitation of children and a previous escape from custody.