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.

CASES PENDING REVIEW IN THE SUPREME COURT OF TENNESSEE:

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 Act? Facts:  A judge-elect told the … [Read more...]

Trustee Authority to Arbitrate

Case:  Alexis Breanna Gladden v. Cumberland Trust and Investment Company et al. Issue:  Does the signature of a trustee on an investment account agreeing to arbitration bind a minor beneficiary? Facts:  A trust agreement created for a … [Read more...]

Repairman’s Lien

Case:  Embraer Aircraft Maintenance Serv., Inc, v, Aerocentry Corp., No. 3:13-cv-00059 (M.D.T.N). Issues: May a repairman’s lien arising under Tenn. Code Ann. § 66-19-101 be enforced by a method other than attachment of the … [Read more...]

Identity of Criminal Offenses

Case:  State of Tennessee v. Christopher Scottie Itzol-Deleon Issue:  When should criminal offenses be merged? Facts:  The victim testified that the Defendant removed her pajama pants while she was facing away from him and that she felt … [Read more...]

Jury Deliberations

Case:  State of Tennessee v. Susan Jo Walls Issue:  When may a jury be allowed to deliberate into late night hours? Facts:  The Defendant was hospitalized with a medical emergency shortly before jury instructions. Over defense counsel’s … [Read more...]

Order of Protection Notice

Case:  State of Tennessee v. Rodney Stephens Issue:  How much “notice” of a protective order must a respondent be given to be guilty of aggravated stalking when the person is “under” an order of protection or restraining order? Facts:  … [Read more...]

Med-Mal Pre-suit Notice

Case:  Deborah Bray v. Radwan R. Khuri, MD Issue:  Did the medical release comply with HIPAA? Facts:  Plaintiff sent Defendant a “Notice of Potential Claim for Medical Malpractice” letter and “Authorization to Disclose Health … [Read more...]

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