Raybin Tennessee Supreme Court Hot List
The Hot List reviews cases which have been recently granted review by the Tennessee Supreme Court to help attorneys keep up with trending legal issues and anticipate potential changes in the law. The Hot List offers a prediction as to how each case might be decided.
Malicious Prosecution
January 31, 2022Case: 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 […]
read moreCompetitive Cable and Video Services Act
January 31, 2022Case: 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 […]
read moreGovernmental Tort Liability Act
January 31, 2022Case: 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 […]
read moreWithdrawal of Voluntary Dismissals
January 31, 2022Case: 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 […]
read moreCriminal Jury Instructions
January 31, 2022Case: 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 […]
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