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.


Collection of Deficiency Judgments

Case:  Regions Bank v. Thomas D. Thomas, et al. Issue:  When is a lender entitled to a deficiency judgment after failing to comply with the commercial code’s collection requirements? Facts:  Borrower defaulted on loan. Bank accelerated … [Read more...]

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 appeal challenging his … [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 the funds were derived … [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 was killed in a car … [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 se wrongful death action … [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 negligence? Facts:  Plaintiff was hit by a … [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 complaint against one of … [Read more...]

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