Raybin Tennessee Supreme Court Hot List

Case:  Kenneth J. Mynatt v. National Treasury Employees Union, Chapter 39 Et Al. Facts:  Plaintiff sued Defendants for malicious prosecution after a criminal charge against Plaintiff prompted by Defendants was “retired” and then dismissed. Defendants moved to dismiss the suit, contending that the retirement of the criminal case was not a termination in the Plaintiff’s […]

Case:  City of Knoxville v. Netflix Certified Question of Law From Federal Court: “Whether Netflix and Hulu are video service providers, as that term is defined in the relevant provision of the CCVSA, Tenn. Code Ann. § 7-59-303(19).” Review Granted:  January 19, 2022. Prediction: The Hot List generally does not offer predictions in certified questions […]

Case:  Penny Lawson et al. v. Hawkins County, TN et al. Facts:  After a fatal road accident, Plaintiffs sued municipal Defendants for negligence, gross negligence, and recklessness in Defendants’ response to a road washout that led to Decedent’s death. The trial court dismissed the case on the grounds that claims of recklessness could not proceed […]

Case:  George Gary Ingram v. Dr. Michael Gallagher et al. Facts:  In this healthcare liability action, the plaintiff initially sued the doctor and the hospital. The plaintiff voluntarily dismissed the action without prejudice against the hospital. The doctor subsequently filed an answer to the complaint, stating that the action should be dismissed under the GTLA […]

Case:  State of Tennessee v. Lynn Frank Bristol Facts:  In a sex abuse trial, the trial court’s written jury charge failed to include instructions regarding the indicted offenses and several relevant definitions. However, the transcripts reflects that the oral charge differed significantly from the written charge and did include many of the missing components. The […]