TN Legal News Now - News from the Tennessee Bar Association - Your fastest source of appellate court decisions, Supreme Court rules and orders changes, attorney general opinions and other Tennessee legal community news.
To view this email in a browser, click here.
Association Logo
TN Legal News Now
News from the Tennessee Bar Association


This legal news update is provided to you weekly by the Tennessee Bar Association as a service to Tennessee lawyers. TBA members receive these breaking legal news and court opinions daily. When you join the Tennessee Bar Association you will also receive this service each day. You can unsubscribe to this newsletter using the link at the bottom of this edition.
Today's News
article image
Photo of mural courtesy of Visit Knoxville

Save the Date for TBA's 2026 Convention

Make plans now to join colleagues from across the state at the TBA’s 2026 Annual Convention, set for June 10-13, in downtown Knoxville. Annual favorites such as the Lawyers Luncheon, compelling CLE and the swearing in of TBA’s new president will return, as will the Wednesday night welcome reception and a Thursday evening reception at Knoxville’s minor league ballpark, home of the Tennessee Smokies. This year’s convention also will include TBA’s first-ever Tech Show, tech focused CLE programs and several lunch and learn opportunities with tech vendors. The four-day event will take place at the Crowne Plaza Knoxville. Stay tuned for more information coming soon to the event website!

 
article image

State, ACLU to Settle Suit Over Sanctuary Policies Law

The Tennessee Attorney General's (AG) Office plans to settle a lawsuit from the American Civil Liberties Union-Tennessee (ACLU), which challenged a state law penalizing local officials who support sanctuary city policies. According to WPLN, the state concedes it cannot support the law’s constitutionality, saying it “infringes[s] on principles of legislative immunity and independence.” It thus has agreed not to enforce the law. Last year, the AG's office said it was open to a settlement. In a recent statement to the news outlet, AG Jonathan Skrmetti said: “Sanctuary policies remain illegal in Tennessee, but city and county officials cannot be imprisoned for voting for such policies. As a result, we agreed that dismissal of this case was the appropriate outcome.” According to Tennessee Lookout, the settlement must be approved by the courts before it takes effect. Read more from the ACLU.

article image

U.S. Attorney Dunavant Adds Lawyers, Support Staff

U.S. Attorney D. Michael Dunavant of the Western District of Tennessee has announced the recent hiring and assignment of five new assistant U.S. attorneys. They are Jennifer Collins, Meghan Fowler, Raven Icaza, Gavin Smith and Irris Williams. He also announced one new special assistant U.S. attorney, Darrius Samples, and two new support staff positions in his office. “With the dramatic increase in our case filings since October, these new positions are much needed, and a welcome addition to our outstanding staff who effectively represents the United States, enforces the rule of law, and protects public safety in West Tennessee every day,” Dunavant said. Read more about the new hires in a press release.

article image

YLD Announces 2026-2027 Board Members, 3 Vacancies

Memphis attorney and TBA YLD President-elect Jennifer Sneed-Perry has announced the members of the 2026-2027 YLD Board who will take office at the TBA Convention in June. Joining her in leadership will be President-elect Darius Walker Jr., Vice President Zack Walden, Secretary Patrick Morrison, Treasurer Ashley Tipton, East Tennessee Governor Samantha Ellis, Middle Tennessee Governor Alix Rogers, West Tennessee Governor Faith Watson, Immediate Past President Alex McVeagh, and Past Presidents Sean Aiello and Billy Leslie. Sneed-Perry also announced those who will serve as district representatives and committee chairs. See the full list of members. During her year in office, Sneed-Perry plans to focus on educating attorneys on estate planning through continuing education and pro bono clinics across the state. She will expand the YLD's commitment to serving law students by appointing six law student liaisons to the YLD Board. Finally, she announced three vacancies that still need to be filled. Those interested in being considered as the district representative for the 2nd, 10th or 12th district should email a statement of interest and a resume to Laura Labenberg by April 1. Learn more about the openings.

article image

Memphis Family Files $35M Wrongful Death Suit Against Youth Villages

The family of Matthew De'Marcus Williams, a 22-year-old shot and killed during a Memphis Allies SWITCH program meeting on April 9, 2025, has filed a wrongful death lawsuit against Youth Villages seeking $35 million in damages. SWITCH enlists people whom it identifies as being at the highest risk for engaging in gun violence; Williams was a participant. The Daily Memphian reports that attorneys for Williams' family allege the organization ignored multiple warning signs — including a known conflict between rival gang members attending the same sessions and the shooting death of another participant just two days prior — and failed to take additional safety precautions. In a statement, Youth Villages maintained that safety has always been a top priority, noting that metal detectors, armed security and other measures were in place that day, and that the organization has evaluated and enhanced its security protocols since the incident.

Photo of Williams: The Cochran Firm Mid-South

article image

AG's Office Announces 2025 Top 10 Consumer Complaint Categories

In honor of National Consumer Protection Week, the Tennessee Attorney General’s (AG) Office Division of Consumer Affairs (DCA) on Monday announced the top 10 complaint categories for 2025. In addition, DCA announced that it helped Tennessee consumers recover more than $3.6 million in cash, merchandise and services in 2025 through its voluntary mediation program. Last year, DCA received 9,938 formal consumer complaints and worked to route each to the appropriate agency or mediate disputes directly between consumers and businesses. The division’s informal mediation process provides a free, good-faith pathway to resolve disagreements involving purchases of products or services for personal or household use. “Our goal is simple — help Tennesseans resolve disputes and protect their hard-earned money,” said AG Jonathan Skrmetti. “In 2025, that work translated into real results for thousands of families across the state.” Read more in a press release.

article image

U.S. District Court, Eastern Division, Announces Annual Essay Contest

The U.S. District Court for the Eastern District of Tennessee, Chattanooga Division, and the Chattanooga Chapter of the Federal Bar Association have announced the topic for their annual civics essay contest. This year, students will respond to the question, "Does the Fourth Amendment protect a cell phone user’s location data?" The contest is open to public, private and home school students in 6th to 12th grade in Bedford, Bledsoe, Bradley, Coffee, Franklin, Grundy, Hamilton, Lincoln, McMinn, Marion, Meigs, Moore, Polk, Rhea, Sequatchie, Warren and Van Buren counties in Tennessee; and Dade, Catoosa and Walker counties in Georgia. Entries for the contest should be emailed to chattcivicsessay@gmail.com or mailed to Civics Essay Contest, Attn: Kelly L. Walsh, U.S. Courthouse, 900 Georgia Ave., Chattanooga, TN 37402 by March 27. Visit the court's website for more information.

 
article image

TBA Legislative Updates Podcast Covers Adoption, Probate, Family Law Bills

TBA’s Legislative Updates podcast is new this week with attorneys and TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley and Ashley Harbin of Adams & Reese. This week's episode covers adoption bill SB2165/HB2350, probate bill SB2184/HB2451 and family law bill SB2324/HB2429. Tune in to the podcast on the TBA website or through this link. Attorneys may also support the TBA’s lobbying efforts by contributing to LAWPAC.

Senate OKs Bill to Expedite Appeals of Certain Trial Court Rulings

The Tennessee Senate passed SB1731 — sponsored by Sen. John Stevens, R-Huntingdon — on Feb. 23 by a vote of 26-6. The House Judiciary Committee is set to consider its version of the bill — HB1791 sponsored by Rep. Jason Zachary, R-Knoxville — on March 4. The legislation would authorize the attorney general to make immediate appeals of initial trial court rulings in certain cases brought against the state. These include rulings (1) granting, continuing or modifying injunctions against the state; (2) denying sovereign or qualified immunity for state officials; and (3) denying motions to dismiss in cases challenging the constitutionality of state laws, executive orders or administrative rules. Normally, the state would have to wait for a final judgment from the trial court before appealing. Supporters of the bills argue that waiting for a final judgment can drag cases out for years. Opponents warn it gives the state an unfair advantage. The Nashville Post has more on the bill.

article image

Lt. Gov. McNally Won’t Seek Reelection Citing Health Concerns

Lt. Gov. Randy McNally announced on the floor of the state Senate that he would not seek reelection later this year, ending a nearly five-decade career in the legislature. According to the Nashville Banner, the Oak Ridge Republican was first elected to the House in 1978 and to the Senate in 1986. He succeeded Senate Speaker Ron Ramsey in the top job in 2017. McNally, who is 82 years old, cited health considerations for his decision.

 

Meet the Candidates for Knox Sessions Judge Division 6

Three candidates for Knox County General Session Court, Division 6, judge recently were profiled by Knox TN Today. The candidates — Andrea Kline and Rhonda Lee on the Republican ballot and Ben Houston II as the sole Democratic candidate — share their views on why they want to serve on the bench, what their top three priorities are for the court, how they will make good use of taxpayer money and more. The primary will be held May 5. The winners will face off in the general election on Aug. 6.

article image

Shelby Court Clerk Races Draw Contenders Ahead of May Primary

The Shelby County Election Commission approved a list of candidates for the May 5 Democratic and Republican county primary elections during its meeting last week with several key court clerk races drawing multiple contenders. Jamita E. Swearengen, the current circuit court clerk, is running unopposed for reelection. Juvenile Court Clerk Janeen Gordon, a Democrat, faces two challengers in the primary, with no Republican candidate qualifying. Criminal Court Clerk Heidi Kuhn is not eligible for reelection due to term limits and instead is seeking the county mayor’s office, leaving a field of five Democrats — Rheunte E. Benson, Lawrence Denton Jr., Wanda Halbert, Carla Stotts and Joe Towns Jr. — and one Republican, Edquardo Jamison, to compete for her seat. Probate Court Clerk Eddie Jones, also a Democrat, is up for reelection and faces challenger William Chism Jr. No Republican entered that race. Read more about the candidates in the Commercial Appeal.

 
article image

March/April Issue of the Tennessee Bar Journal Is Online!

The March/April issue of the Tennessee Bar Journal is now available online! The cover story by mentor and mentee pair Buck Lewis and Brock Willis offers a proactive, strategic approach that emphasizes regular engagement and long-term growth rather than reactive crisis management. In her President's Perspective column, Heidi Barcus also encourages lawyers to mentor others, not only because it strengthens the profession, but also because it strengthens the community. A feature story by Daniel Horwitz on waiver rules in Tennessee appellate procedures and columns on TLAP's 2025 annual report, competency to stand trial and Elvis' autopsy cases offer a wide variety of reading on topics of interest to Tennessee lawyers. Also get an update from the Drowota Trust and news from the TBA, including new leadership coming in 2028 and an update on construction at the new TBA office.

 
article image

Volunteers Needed for Expungement Clinic in Murfreesboro

Volunteers are needed for an expungement clinic on March 14 from 9 a.m. to noon CDT at Greenhouse Ministries located at 307 Academy St., Murfreesboro 37130. The TBA Young Lawyers Division (YLD) will be collaborating with Legal Aid Society of Middle Tennessee and the Cumberlands to hold the event. To volunteer contact YLD District Representative Alyssa Fox. View a flyer for the event.

article image

Debt Relief Legal Advice Clinic Set for March 28

The Knoxville Bar Association and the U.S. Bankruptcy Court for the Eastern District of Tennessee, in partnership with Legal Aid of East Tennessee (LAET), will hold a Debt Relief Clinic on March 28 to provide pro bono legal services to income-eligible consumer debtors. The clinic will begin at 9 a.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. Judge Suzanne Bauknight will present a short overview of the bankruptcy system and then volunteer lawyers will conduct initial meetings with the clients to discuss their situations and options. Those interested in helping should register online. Clients seeking advice should call 865-637-0484.

 
article image

Register Now for TBA's Day on the Hill, Big Shrimp Legislative Reception

The TBA’s 4th Annual Day on the Hill and the Big Shrimp legislative reception will take place March 18 in Nashville. The day will begin at 10:30 a.m. CDT at the Cordell Hull Building with presentations from TBA’s lobbying team and members of the General Assembly. Attendees then will meet with various legislators throughout the day, focusing on building relationships, championing TBA’s legislative priorities and advocating for elimination of the professional privilege tax. After the day’s meetings, attendees are invited to join colleagues, lawmakers and legislative staff at Hotel Indigo Nashville from 5-7 p.m. for the perennial favorite Big Shrimp legislative reception. The hotel is located at 315 Union St., Nashville 37201. Register here or email govaffairs@tnbar.org with questions.

article image

Winston Law's Blackshear Gala Set for March 21

Join the University of Tennessee Winston College of Law for the 26th Annual Julian Blackshear Jr. Scholarship Gala, a tradition honoring one of Winston Law’s first Black graduates and celebrating the school's commitment to expanding access to legal education. This event supports the Julian Blackshear Scholarship Endowment, which helps recruit exceptional future students. Iké Adeyemi, senior vice president, chief legal officer and corporate secretary of Eastman Chemical is this year’s keynote speaker. Attendees should register by March 13.

 
article image

Former Dickson Judge Dies at 77

Dickson Judge Shipp Robbley Weems died Nov. 14, 2025, at age 77. While attending the Nashville YMCA Night Law School (now Nashville School of Law), Weems was a teacher at White Bluff Elementary School. At the age of 29, he became the youngest Dickson city judge of record. In 1986, he established the state's first Public Defender Pilot Program. Following its success, the state adopted the model, leading to the creation of the Public Defender’s Office as it exists today. Weems also served as the elected public defender in Dickson County and surrounding counties for several decades, then served as assistant public defender in Columbia and its surrounding counties until retirement. In 2025, Weems’ daughter established the Weems-Rezapour Family Scholarship for Justice and Public Service in his honor. The scholarship supports high school seniors in Florida (where she lives and practices) who demonstrate integrity, civic engagement and a commitment to careers connected to justice and community leadership. Donations in Weems’ memory can be made here.

article image

Memphis Lawyer Dies at 76

Memphis lawyer Byrd Douglas Earthman died Feb. 19 at the age of 76. Originally from Kingsport, Earthman moved to Nashville as a child when his father, an attorney, took a job with the Gov. Frank Clement administration. After receiving his law degree in 1973 from Memphis State University (now the University of Memphis) Cecil C. Humphreys School of Law, Earthman began a 20-year career with the Waring Cox law firm. He later served as a senior vice president at ServiceMaster Diversified Health Services. He returned to private practice at Armstrong Allen and finished his legal career at Glankler Brown. Earthman focused his private practice on municipal bonds and real estate matters. Memorial donations may be made to a charity of the donor’s choice or the Earthman-Lambeth Family Fund with the Monteagle Sunday School Assembly (choose "Make a Gift" at the bottom of the page and then click on "use this donation as a memorial gift" and specify the fund name in the special instructions field).

 

Davidson County Lawyer Suspended

The Tennessee Supreme Court on Feb. 27 suspended Davidson County lawyer Michael Lloyd Freeman from the practice of law for six years with four years to be served on active suspension and the remaining two years to be served on probation. Additionally, Freeman must obtain an evaluation by the Tennessee Lawyers Assistance Program (TLAP), pay restitution and  engage a practice monitor. A hearing panel found that during the representation of multiple clients, Freeman acted outside the scope of representation, acted in a way that was prejudicial to the administration of justice, and failed to protect client funds, communicate with clients, and act competently and diligently. These actions were found to violate Tennessee Rules of Professional Conduct 1.1, 1.15, 1.16, 1.2, 1.3, 1.4, 3.2, 3.4 and 8.4.

Union County Lawyer Censured

The Tennessee Supreme Court on March 2 publicly censured Union County lawyer Anthony Marvin Avery for actions during representation of a client in a partition action. During the representation, the court found that Avery failed to provide his client with copies of relevant pleadings and following termination, failed to provide the client with her file. Upon termination of services by the client, Avery delayed his withdrawal and while still counsel of record, attended litigation related matters and failed to protect the interests of his client. The court found that Avery violated Rules of Professional Conduct 1.2, 1.3, 1.16 and 8.4(a).

Shelby County Lawyer Censured

Shelby County attorney Handel R. Durham Jr. received a public censure from the Tennessee Supreme Court on March 3. The court found that Durham mistakenly believed that an existing client had retained both him and another attorney for a separate matter and that the representation would be under the same arrangement as the existing representation. There was no written fee agreement executed for the new matter. The attorneys then improperly attempted to collect a contingency fee of approximately 33.3% from the client. These actions were found to violate Rules of Professional Conduct 1.5(c), 7.1 and 8.4(a).

15 Lawyers Suspended for Fee, 8 for IOLTA Violations

The Tennessee Supreme Court on Feb. 25 suspended 15 attorneys for failure to pay the annual registration fee, eight of whom also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. Lawyers reinstated in the last month include six in 2026, two in 2025 and one in 2024. Access all administrative suspensions dating back to 2005.

Sullivan County Lawyer Reinstated

On Feb. 24, the Tennessee Supreme Court reinstated Sullivan County lawyer Ricky A.W. Curtis to the active practice of law. Curtis was temporarily suspended on Jan. 22 for failing to respond to the Board of Professional Responsibility concerning a complaint of misconduct. The board confirmed that the petition for reinstatement was satisfactory.

 
article image

TBA’s Bankruptcy Law Forum Set for April 24–25

The TBA will host its 21st Annual Bankruptcy Law Forum April 24 and 25 in Gatlinburg, offering a two-day educational retreat focused on developments in bankruptcy law. The program will be held at the Hilton Garden Inn and will feature presentations from bankruptcy judges and practitioners from across Tennessee and the Southeast, including judges from the U.S. Bankruptcy Courts in the Eastern, Middle and Western districts of Tennessee, as well as the Northern District of Georgia. The forum includes a full day of programming on April 24, followed by a networking reception and dinner, with additional sessions concluding late morning April 25. Lodging reservations must be made by March 24 to ensure availability. For more information visit the TBA website.

 
article image

Use TBA Benefits to Start a Solo Practice

TBA offers a one-stop shop for starting a solo practice, with hundreds of resources for starting, growing and managing a practice, access to a special email address for tech and practice management questions, and comparison charts on law tech tools. Legal research is covered with your membership, providing access to court opinions from all 50 states and all federal courts as well as unlimited usage, printing and customer service. Finally, use discounts for Clio practice management tools, LawPay for processing client credit card charges and legal malpractice insurance to protect yourself. Start your membership here.

 
Court Opinions

You can obtain full-text versions of these opinions by selecting the link below each opinion’s summary paragraph. Your email software should give you the option of reading the opinion online or downloading it to your computer or mobile device. Decisions from the 6th Circuit Court that are not designated for publication are not included in this report.

THADDEUS FORREST v. CONCRETE STRUCTURES, INC., ET AL.

Court: TN Workers Comp Appeals Board

Attorneys:

Benjamin T. Norris, Nashville, Tennessee, for the employer-appellant, Concrete Structures, Inc.

Peter P. Frech, Nashville, Tennessee, for the employee-appellant, Thaddeus Forrest

Judge(s): WEAVER

The employer questions the trial court’s award of medical and temporary disability benefits in this interlocutory appeal. The employee suffered a fracture to his left femur when a structure fell on him at work. While undergoing treatment for that injury, his medical providers determined the employee had a cancerous lesion at the fracture site and diagnosed him with plasma cell neoplasm. The employer initially denied the compensability of the injury, arguing that the primary cause of the fracture was the employee’s preexisting cancer weakening his femur and not the incident at work. Following an expedited hearing, the court awarded medical benefits for the femur fracture, including chemotherapy and radiation recommended by the employee’s orthopedic oncologist, as well as temporary disability benefits. The trial court also denied the employee’s counsel’s request for attorneys’ fees at that stage of the case. Both parties have appealed. Having carefully reviewed the record, we affirm the trial court’s award of temporary disability benefits, its award of medical benefits, as modified, for treatment reasonably necessitated by the employee’s injury, and its denial of attorneys’ fees at this stage in the litigation. We reverse the portion of the order requiring the employer to provide a panel of oncologists for oncological treatment and remand the case.

forrestt_3326.pdf

 

DARENA L. DORSEY v. SCOTT DORSEY

Court: TN Court of Appeals

Attorneys:

Philip M. Jacobs and Chandler I. McNabb, Cleveland, Tennessee, for the appellant, Scott Dorsey.

M. Randall Sellers, Cleveland, Tennessee, for the appellee, Darena Dorsey.

Judge(s): MCCLARTY

This case arises out of the demise of a 20-year marriage. The trial court declared the parties divorced, equitably divided the marital estate, and awarded the wife alimony in solido, transitional alimony, and alimony in futuro. The husband appeals. Finding no abuse of discretion, we affirm the trial court’s decision in all respects.

dorseyd_3326.pdf

MARY SUE GASTON LEE v. DANNY C. LEE

Court: TN Court of Appeals

Attorneys:

Melanie Lane Dimond, Jamestown, Tennessee, for the appellant, Danny C. Lee.

M. Randall Sellers, Cleveland, Tennessee, for the appellee, Mary Sue Gaston Lee.

Judge(s): FRIERSON

In this divorce matter, the trial court classified and valued the parties’ assets, subsequently fashioning a distribution of the marital assets and liabilities that the court deemed equitable. The husband has appealed. We reverse the trial court’s determination regarding the classification and valuation of two assets and remand those issues to the trial court for further determination. Accordingly, because of these unresolved classification and valuation issues, we vacate the trial court’s overall distribution of marital property and remand that issue for further determination as well.

leem_3326.pdf

 

STATE OF TENNESSEE v. JOSHUA BOWMAN

Court: TN Court of Criminal Appeals

Attorneys:

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the Appellant, Joshua Bowman.

Jonathan Skrmetti, Attorney General and Reporter; Katherine C. Redding, Senior Assistant Attorney General; Charme P. Allen, District Attorney General; and Ta Kisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

In 2011, a Knox County jury convicted the Petitioner, Joshua Bowman, of multiple offenses stemming from the robbery and killing of the victim. He appealed his convictions, all of which were affirmed save one: his conviction for especially aggravated kidnapping, which we remanded for a new trial based on a jury instruction error. State v. Bowman, No. E2012-00923-CCA-R3-CD, 2013 WL 4680402, at *1 (Tenn. Crim. App. Aug. 29, 2013), perm. app. denied (Tenn. Feb. 11, 2014). In 2022, the Petitioner filed a petition for a writ of error coram nobis saying that there was newly discovered evidence in the form of his mental and counseling records, which supported his “intellectually diminished capacity argument.” The State did not file its response until 2025, and it asserted that the records were not newly discovered because they were his own records and, therefore, known to him. After a hearing, the coram nobis court dismissed the petition finding that the petition was untimely and that the Petitioner was not entitled to tolling because he was aware of his educational limitations before trial and had discussed those limitations with his trial attorney. After review, we affirm the judgment of the trial court.

bowmanj_3326.pdf

JACOB EVAN COYNE v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Claudia Coco Angel, Signal Mountain, Tennessee, for the appellant, Jacob Evan Coyne.

Jonathan Skrmetti, Attorney General and Reporter; Benjamin Barker, Assistant Attorney General; Jody Pickens, District Attorney General Pro Tempore; and Thomas R.E. McEntyre, Assistant District Attorney General Pro Tempore, for the appellee, State of Tennessee.

Judge(s): SWORD

The Petitioner, Jacob Evan Coyne, appeals from the Hamilton County Criminal Court’s denial of his petition for post-conviction relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel based upon trial counsel’s (1) failure to investigate or file pretrial motions challenging the credibility of an officer who investigated his case, (2) failure to sufficiently meet with or to advise the Petitioner regarding the nature of his case, and (3) failure to adequately advise the Petitioner regarding the status of plea negotiations. Discerning no error, we affirm.

coynej_3326.pdf

STATE OF TENNESSEE v. MARQUEZ L. MAXWELL

Court: TN Court of Criminal Appeals

Attorneys:

Jake Dagostino, Murfreesboro, Tennessee, (on appeal); Michael Freeman, Nashville, Tennessee, (at trial), for the appellant, Marquez L. Maxwell.

Jonathan Skrmetti, Attorney General and Reporter; Elizabeth Evan, Assistant Attorney General; Jennings Jones, District Attorney General; and Hugh Ammerman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SWORD

The Defendant, Marquez L. Maxwell, was convicted by a Rutherford County Circuit Court jury of one count of rape of a child. The trial court entered judgment ordering the Defendant to serve a thirty-year sentence at one hundred percent service, with community supervision for life following the expiration of his sentence. On appeal, the Defendant claims that the evidence is insufficient to support his conviction and that the trial court erred by failing to answer a jury question about its ability to reach a verdict and by simply administering a Kersey v. State, 525 S.W.2d 139, 144-45 (Tenn. 1975) instruction to the jury. Following our review, we affirm the judgment of the trial court.

maxwellm_3326.pdf

 

Scope of Proposed Legislation to Limit Civil Liability for Pesticide Manufacturers and Sellers

Court: TN Attorney General Opinions

Hearing Date: 01/13/2026

Opinion Number: 1

Question 1: Is the presence, absence, or content of pesticide labeling in accordance with Tenn. Code Ann. § 43-8-104 and/or the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) an essential element of a claim against a manufacturer or seller of a pesticide that is based on one or more of the following theories of liability: negligence; strict liability; breach of warranty; design defect; inadequate testing; inherently unsafe for the intended use; deviation from intended design during production; and assurances of product quality or safety?

Opinion 1: It depends on the specific allegations asserted against the manufacturer or seller.

Question 2: Would passage of Senate Bill 527/House Bill 809 allow manufacturers to use labeling of a pesticide in accordance with Tenn. Code Ann. § 43-8-104 and/or FIFRA as a defense against theories listed in Question 1?

Opinion 2: It depends on the specific allegations asserted against the manufacturer.

Question 3: If Senate Bill 527/House Bill 809 becomes law, will a person who is injured by a pesticide that is labeled in accordance with Tenn. Code Ann. § 43-8-104 and/or FIFRA be able to maintain a claim against the pesticide manufacturer? If yes, under which cause(s) of action and what elements would the injured person have to prove to establish a claim under such cause of action compared to the elements the injured person would have to prove to establish a claim based on negligence for failure to warn?

Opinion 3: See response to Question 2. The viability of a given cause of action would depend on what is alleged.

Question 4: Does Senate Bill 527/House Bill 809 bar civil actions for damages caused by a pesticide that are discovered before a pesticide’s label was approved or updated in accordance with Tenn. Code Ann. § 43-8-104 and/or FIFRA? After a pesticide’s label was approved or updated in accordance with Tenn. Code Ann. § 43-8-104 and/or FIFRA?

Opinion 4: As specifically phrased, we do not think that either of the respective queries posed through the above question admit definitive answers.

Question 5: Does Senate Bill 527/House Bill 809 violate 7 U.S.C. § 136a(f)(2)? Opinion 5 No. The proposed legislation would not “violate” the referenced federal provision.

op26-01.pdf

Eligibility Under Tenn. Code Ann. § 48-249-1109 for Different Health Care Professionals to be Members or Holders of Financial Rights of the Same PLLC

Court: TN Attorney General Opinions

Hearing Date: 02/10/2026

Opinion Number: 2

Question 1: Does Tenn. Code Ann. § 48-249-1109(e)(1) grant any cross-combination of professionals listed in subdivisions (A)-(E) the right to be members or holders of financial rights of the same PLLC?

Opinion 1: No. Question 2 If the answer to Question 1 is “Yes,” must the ownership combination of the PLLC have at least one physician licensed under title 63, chapter 6 or 9, except radiologists, pathologists, and anesthesiologists?

Opinion 2: Because of the answer to Question 1, this question is moot. Question 3 If the answer to Question 1 is “No,” does the language contained within Tenn. Code Ann. § 48-249-1109(b) allow cross-combinations if authorized by an applicable licensing authority?

Opinion 3: Probably yes.

Question 4: Does Tenn. Code Ann. § 48-249-1109(e) grant the following three health care professionals the right to be members or holders of financial rights of the same PLLC: a. Physicians licensed under title 63, chapter 6 or 9, except radiologists, pathologists, and anesthesiologists; b. c.

Opinion 4: No.

op26-02.pdf

 

UNITED STATES OF AMERICA v. AMADOR MAGALLON GUERRERO

Court: 6th Circuit Court (Published Opinions)

Attorneys:

ARGUED: Kaycee L. Berente, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbus, Ohio, for Appellant.

ARGUED: Emily E. Petro, UNITED STATES ATTORNEY’S OFFICE, Nashville, Tennessee, for Appellee.

ON BRIEF: Kaycee L. Berente, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbus, Ohio, for Appellant.

ON BRIEF: Emily E. Petro, Michael Tackeff, UNITED STATES ATTORNEY’S OFFICE, Nashville, Tennessee, for Appellee.

Judge(s): STRANCH, BUSH, and DAVIS, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

DAVIS, Circuit Judge. A jury convicted Amador Magallon Guerrero of multiple counts of conspiracy, drug trafficking, and money laundering. Prior to trial, Guerrero moved to suppress some of the evidence against him—including his confession and information retrieved from his cellphones. But his efforts were unsuccessful. He appeals the district court’s denial of two of his motions to suppress. Guerrero argues that the district court erred in denying these motions because the record shows that agents violated his Fifth and Sixth Amendment rights in obtaining the statements comprising his confession, and they violated his Fourth Amendment rights in conducting the warrantless cellphone searches. Because Guerrero has not established reversible error relating to either motion, we AFFIRM.

guerroroa_3326.pdf

 

Questions, Comments? Email us at TBAToday@tnbar.org

About this publication: TN Legal News Now is a compilation of news digests compiled by TBA staff and stories about the TBA and other activities written by TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

UNSUBSCRIBE

© Copyright 2026 Tennessee Bar Association, 3010 Poston Ave., Nashville, TN 37203