MATHIS, Circuit Judge. Brent Adkins worked as a crew member on one of Marathon Petroleum Company’s inland river barges. He brought claims against Marathon under the Jones Act and general maritime law asserting that his service on the barge caused his lung function to deteriorate. The district court granted summary judgment to Marathon. For the following reasons, we affirm in part, reverse in part, and remand to the district court.

In this post-divorce dispute over child support, the mother has appealed an order striking her pleadings and granting the father a default judgment as to his counter-petition. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment.

The company holding developer’s rights to a subdivision and the company’s principal member used the developer’s rights to unilaterally remove a board member from the board of the subdivision’s homeowners’ association. The aggrieved board member and his wife filed suit, asking for an injunction allowing the plaintiff to remain a board member. The trial court granted the plaintiff’s request for a temporary injunction and later held that the defendant company lacked the authority to remove the plaintiff as a board member. The trial court reasoned that the bylaw on which the company relied in removing the board member was contrary to state law and improper. Defendants appealed to this Court. We reverse in part and affirm in part, affirming the trial court’s ultimate ruling that the plaintiff is entitled to his seat on the homeowners’ association board.

In an appeal from a general sessions court judgment, the trial court awarded the plaintiffs compensatory damages for a misrepresentation by a car dealer, declined to award treble damages, and awarded the plaintiffs only a portion of their attorney’s fees. Both parties appeal. We vacate the denial of treble damages, but otherwise affirm the decision of the trial court.

Services have been set for Knoxville lawyer and former TBA Board of Governors member Jack Humphreys “Nick” McCall Jr., who died April 13 at the age of 63. A celebration of life will be held July 14 from 1-4 p.m. EDT at the Knoxville Botanical Gardens and Arboretum, 2743 Wimpole Ave., Knoxville 37914. Memorial donations may be made to Legal Aid of East Tennessee, 100 W. Martin Luther King Blvd., Ste. 402, Chattanooga, TN 37402 or East Tennessee Veterans Memorial Association (ETVMA), PO Box 3714, Knoxville, TN 37927. Read TBA's news of his passing in April.

In this interlocutory appeal, the claimant asserted he sustained significant head injuries and brain trauma due to a fall that occurred while working for the employer. The employer denied the claim, contending that the claimant was an independent contractor at the time of the work incident. Following an expedited hearing, the trial court denied the claimant’s request for certain benefits after concluding the claimant had failed to provide sufficient evidence from which it could determine he was likely to prevail at trial in establishing he was an employee. Thereafter, the employer filed a motion for summary judgment, asserting it is entitled to judgment as a matter of law on the basis that the claimant was an independent contractor. Following a hearing on the employer’s motion, the trial court concluded that genuine issues of material fact existed regarding the claimant’s work status and denied the employer’s motion. The employer has appealed. After careful consideration, we vacate the trial court’s order and remand this matter for additional findings consistent with this opinion.

For the week of June 17, 2024 - June 21, 2024

The U.S. Supreme Court announced Monday it will review the constitutionality of Tennessee’s law banning gender medical care for minors during its next term. The high court previously avoided opportunities to get involved in cases involving transgender protections, but after being urged by the Biden administration to take up the latest dispute, the justices agreed to do so in a brief order, The Hill reports. A group of anonymous transgender minors and parents challenged the law, and the Justice Department later intervened in the dispute. A federal district judge issued an injunction blocking the law from taking effect. On appeal, the U.S. 6th Circuit Court of Appeals reversed the injunction but consolidated the suit with a similar case from Kentucky. The high court’s order limits review to the question of whether the law violates the 14th Amendment’s Equal Protection Clause. The state had asked the court not to consider the case, arguing it should allow the issue to develop further in the appeals courts. SCOTUSblog has an analysis of the issues.

Tennessee Attorney General Jonathan Skrmetti issued this statement on the court’s decision: "We fought hard to defend Tennessee's law protecting kids from irreversible gender treatments and secured a thoughtful and well-reasoned opinion from the 6th Circuit. I look forward to finishing the fight in the United States Supreme Court. This case will bring much-needed clarity to whether the Constitution contains special protections for gender identity."

Nashville lawyer Ed Lanquist Jr. was sworn in as the 144th president of the Tennessee Bar Association. The oath of office was administered by Tennessee Supreme Court Chief Justice Holly Kirby during the TBA’s Annual Lawyers Lunch on June 14. Lanquist is a shareholder in the Nashville office of Baker Donelson Bearman Caldwell & Berkowitz and has practiced intellectual property law for more than 30 years. During remarks following the swearing in, Lanquist pledged a renewed emphasis on serving members of the association during the coming bar year and an increased focus on educating lawyers about legislative issues important to the legal profession — including elimination of the professional privilege tax and increased funding for indigent representation. He also announced two exciting CLE programs: an Urban Bourbon trip to Louisville, Kentucky, and a return to Cuba in February 2025. Registration for that program is now open. Watch his remarks, as well as the full footage of the Lawyers Lunch, on the TBA's Facebook page. See photos from the lunch.

The 2024 Elder Law Forum will take place in-person July 19 from 8:30 a.m. to 3 p.m. CDT at the Belmont University College of Law. This annual staple for Tennessee attorneys provides insight from top professionals while allowing attendees to meet with other lawyers in the practice area. This year’s forum features timely topics such as conservatorships, dementia, client intake, ethics, litigation in elder law and much more. Breakfast and lunch will be provided. Don’t miss this once-a-year opportunity to learn and earn CLE with colleagues.