Raybin Tennessee Supreme Court Hot List

Ben Raybin and David Raybin edit the Tennessee Supreme Court Hot List which will keep you informed about the recent grants of review in both civil and criminal cases and what it may mean to your practice.

The following list addresses all pending cases where review was granted in order of the date of grant of review. Since cases often involve multiple issues and the Court generally does not specify which ones are of concern, the issues identified below may not always be the ones addressed in the Court's opinions.


Liability for Suicide

Case: In Re Estate of Christina Marie Cotton Issue: Can a personal be liable for someone committing suicide with that person’s firearm, where the person is aware of mental illness and shows him or her where the firearm is located? Facts: … [Read more...]

Exculpatory Agreements

Case:  Frederick Copeland v. Healthcare/Methodist Rehabilitation Hospital LP ET AL. Issue:  Can a company enforce an exculpatory agreement that releases it from claims of negligence? Facts:  Company provided medical transportation to … [Read more...]

Motion to Intervene Appeal

Case:  Dialysis Clinic, Inc., et al. v. Kevin Medley, et al. Issue:  Is the denial of a motion to intervene a final order subject to a Rule 3 Appeal as of Right, or a non-final order requiring interlocutory appeal? Facts:  This case … [Read more...]

Search Warrants in Child Porn Cases

Case:  State of Tennessee v. Anthony Jerome Miller Issue:  Can only District Attorneys obtain a search warrant in child pornography cases? Facts:  A police officer obtained a search warrant for a child pornography investigation after … [Read more...]

Parol Evidence and Indemnity Clauses

Case:  Individual Healthcare Specialists, Inc. v. BlueCross BlueShield Of Tennessee, Inc. Issues:  Should the court have considered parol evidence in determining the meaning of an indemnity provision? Do indemnification provisions apply to … [Read more...]

Good-Faith Exception to Exclusionary Rule

Case:  State of Tennessee v. Jerome Antonio McElrath Issue:  Does the “good-faith exception” exclude evidence collected from an arrest that was based on erroneous police information? Facts:  Defendant was on a “barred list” from entering … [Read more...]

Sex Offender Probation

Case:  State v. Westley A. Albright Issue:  Can a person on sex offender probation be violated for failing to admit his or her crime? Facts:  Defendant pled nolo contendere to a sex offence. As a condition of probation, Defendant agreed … [Read more...]

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