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:

Paternity in Wrongful Death Case

Case:  Derrick Hussey, et al. v. Michael Woods, et al. Issue:  How should paternity be decided to determine proper plaintiff in wrongful death case? Facts:  Mother gave birth to Child out of wedlock. Putative Father executed a Voluntary … [Read more...]

Consecutive Sentencing

Case:  State of Tennessee v. Walter H. Webb Issue: How should sentencing courts apply the “dangerous offender” sentencing factor? Facts:  Defendant’s sentences were ordered to run consecutively, in part because the trial court found … [Read more...]

Causation and Summary Judgment

Case:  Ewin B. Jenkins et al v. Big City Remodeling et al. Issue:  How much evidence of causation must a plaintiff produce to survive summary judgment? Facts:  Owners hired Contractor to build a house, which hired Subcontractor to finish … [Read more...]

Attorney Fees on Appeal

Case:  Elizabeth Eberbach v. Christopher Eberbach Issue:  When should attorney fees be granted on appeal? Facts:  Following their divorce, Father claimed he is not responsible for children’s medical expenses because Mother failed to … [Read more...]

Child Custody

Case:  Cassidy Lynne Aragon v. Reynaldo Manuel Aragon Issue:  What is a “reasonable purpose” for custodial parent relocation? Facts:  Father petitioned to relocate to Arizona for an employment opportunity. Mother opposed on the basis … [Read more...]

Election Dispute

Case:  William Thomas McFarland v. Michael S. Pemberton et al Issue:  What is the proper procedure for challenging a candidate’s residency qualifications? Facts:  William McFarland and Michael Pemberton were the only candidates in a … [Read more...]

Return of Seized Property in Criminal Cases

Case:  State of Tennessee v. Ray Rowland Issue:  How should a defendant reclaim property that may be improperly seized? Facts:  Defendant was arrested after shooting a firearm towards someone. Police seized several firearms from his … [Read more...]

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