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.


Administrative Appeals

Case:  Tennessee Department of Correction v. David Pressley Issue:  Does the State or the Employee have the burden of proof in an administrative employment appeal? Facts:  State Employee filed administrative … [Read more...]

Marital Property

Case:  In re Estate of Calvert Hugh Fletcher Issue:  Do funds invested from marital property by one spouse remain marital property? Facts:  Decedent owned a certificate of deposit before dying. Wife alleged that … [Read more...]

Wrongful Death Claims When Child Support is Owed

Case:  Kenneth M. Spires et al v. Haley Reece Simpson et al. Issue:  Can a surviving spouse who owes child support commence and maintain a wrongful death action? Facts:  Husband and Wife had a Child together. Wife … [Read more...]

Wrongful Death Statute of Limitations

Case:  Linda Beard v. James William Branson, et al. Issue:  Does a pro se complaint filed by the decedent’s surviving spouse toll the wrongful death statute of limitations? Facts:  Surviving spouse filed a pro … [Read more...]

Preemption of Employer Negligence by Vicarious Liability

Case:  Melanie Jones, individually and on behalf of Matthew H. v. Shavonna Rachelle Windham, et al. Issue:  Does an employer’s admission of vicarious liability preempt claims for direct employer … [Read more...]

Ecclesiastical Abstention

Case:  Church of God in Christ, Inc., et al v. L.M. Haley Ministries, Inc., et al. Issue:  When does the Ecclesiastical Abstention doctrine apply in church property disputes? Facts:  A hierarchical church filed a … [Read more...]

Judge-Elect GTLA Liability

Case:  Judith Moore-Pennoyer v. State of Tennessee, et al. Issue:  Does a judge-elect (who has not yet assumed office) act as a “state officer or employee” for purposes of the Government Tort Liability … [Read more...]

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