News
September 12, 2013
The Tennessee Supreme Court has ruled today that a failure to promptly return proof of service of process doesn’t prevent a lawsuit from meeting the time deadline for filing suit so long as process is actually served within the appropriate time period.Service of process is the act of giving legal…
September 10, 2013
The Tennessee Supreme Court has held that a trial court erred by failing to follow appropriate procedures after learning that a juror contacted a witness via Facebook during a murder trial.William Darelle Smith was charged with the 2007 shooting death of Zurisaday Villanueva. During Mr. Smith’s…
September 6, 2013
A Tennessee Supreme Court ruling today clarifies that parents and grandparents must satisfy the same legal standards in disputes over modifications to existing court-ordered grandparent visitation.In the Court’s unanimous Opinion, a parent or grandparent asking a court to modify or terminate court-…
September 6, 2013
The Tennessee Supreme Court ruled today that persons found in criminal contempt under the general contempt statute have not been convicted of a criminal offense and may not obtain post-conviction relief from such criminal contempt findings.Persons convicted of offenses defined as crimes by state…
September 5, 2013
The Tennessee Supreme Court has added a provision to Supreme Court Rule 13 that will permit the Board of Professional Responsibility (BPR) to deduct unpaid costs from attorneys’ entitlement to compensation for indigent defense.Recently, the BPR reported that a small number of Tennessee attorneys…
September 3, 2013
A rule regulating the use of recording equipment, which is being used in only one Tennessee courtroom, has been updated by the Tennessee Supreme Court to reflect changes in technology.Supreme Court Rule 26 outlines procedures for recording trial court proceedings and includes provisions for…
August 30, 2013
A fund that all Tennessee attorneys financially support will now offer even more protection to those clients that may have suffered a financial loss as a result of the dishonest acts of any member of the profession.“This fund is now supported entirely by Tennessee lawyers –all willing to take…
August 30, 2013
The Tennessee Supreme Court has adopted substantial changes to the rule that governs the discipline of attorneys in this state.Supreme Court Rule 9 is one of nearly 60 rules that the Court enforces regarding everything from how court records are kept to rules of professional conduct. The changes to…
August 30, 2013
The Tennessee Supreme Court has reinstated a Shelby County jury’s verdict awarding damages for the injuries a six-year-old boy sustained in a car wreck.In January of 2002, Billy Meals was riding with his father and grandfather in his grandfather’s car. Billy was in the backseat restrained with a…
August 20, 2013
In a unanimous opinion, the Tennessee Supreme Court has upheld the constitutionality of a workers’ compensation law that gives priority to the opinion of an independent medical examiner for the purpose of determining the disability rating from a work-related injury.
In 2008, William Mansell injured…
August 19, 2013
In a unanimous opinion, the Tennessee Supreme Court held that the Right to Farm Act does not bar a homeowner’s nuisance lawsuit against a farm that hosted amplified music concerts.Velda Shore retired to a subdivision in rural Blount County in 2003. The subdivision was adjacent to Maple Lane Farms,…
August 16, 2013
The Tennessee Supreme Court, in a unanimous opinion, today upheld a trial court’s dismissal of DUI and other charges against a McMinnville woman because a video recording of the woman’s stop and arrest was lost.In November 2010, a McMinnville police officer pulled over Angela M. Merriman because…
August 13, 2013
The Tennessee Supreme Court ruled unanimously today that the Hamilton County Sheriff’s Department Civil Service Board exceeded its statutory authority in ordering Hamilton County Sheriff Jim Hammond to equalize the pay of sergeants in the department.Six sergeants with the Hamilton County Sheriff’s…
August 12, 2013
In a unanimous opinion, the Tennessee Supreme Court refused to apply an antiquated rule classifying minor victims of sex offenses as accomplices in the crime and eliminated the requirement that testimony of the victim be corroborated by other independent evidence. The ruling upholds the aggravated…
August 12, 2013
In a unanimous opinion, the Tennessee Supreme Court has granted a new trial for Terrance Antonio Cecil on a charge of false imprisonment, holding that the trial court did not provide appropriate instruction to the jury as required by the Court’s recent ruling in State v. White. The Court upheld…
August 9, 2013
In a unanimous Opinion, the Tennessee Supreme Court has affirmed the nine-month suspension of a Chattanooga attorney’s law license for violation of the Tennessee Rules of Professional Conduct in his representation of two clients.H. Owen Maddux, a solo practitioner, represented a Hamilton County…
July 23, 2013
The Tennessee Supreme Court has issued an order soliciting comments regarding proposed changes to Supreme Court Rule 31: Alternative Dispute Resolution.The Alternative Dispute Resolution Commission filed a petition July 15, 2013 requesting the Court amend ten sections of the rule. The Court has…
July 1, 2013
Tennessee Supreme Court Justice Janice M. Holder recently was honored by her alma mater University of Pittsburgh for her leadership and dedication to the legal needs of Tennesseans throughout her career.The school presented her with its 225th Anniversary Medallion, which was commissioned in 2012 by…
June 28, 2013
The Tennessee Supreme Court ruled 4-1 today that a defendant in a health care liability action must act in a timely manner to assert that the claim is prohibited because it was filed too late by the plaintiff.Plaintiff Eddie C. Pratcher Jr. filed a medical malpractice lawsuit in December 2000,…
June 26, 2013
After more than 17 years and many firsts, Tennessee Supreme Court Justice Janice M. Holder will make August 31, 2014, her last day with the state’s highest court.Justice Holder announced that she is retiring at the end of her current term and will not seek re-election in the August 2014 judicial…