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.
Hospital Liens
April 18, 2019Case:Roy Franks, et al. v. Tiffany Sykes, et al. Facts: Two separate Plaintiffs alleged the filing of undiscounted hospital liens violated the Tennessee Consumer Protection Act (TCPA) by “[r]epresenting that a consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which are prohibited by law.” The trial […]
read moreSelf-Defense
April 18, 2019Case:State v. Antonio Benson Facts: The Defendant shot and killed the victim after an argument and was convicted of first-degree murder. The Defendant requested a self-defense jury instruction , contending the proof showed the victim was under the influence of meth, was the first aggressor, and attacked the Defendant first. The trial court denied the […]
read moreJudicial Estoppel
September 26, 2018Case: Polly Spann Kershaw v. Jeffrey L. Levy Issue: Is a former client judicially estopped from claiming her attorney gave her negligent representation after the client swore in the underlying legal proceeding that she was satisfied by the result of the case? Facts: Former Client sued her former Divorce Attorney, claiming she suffered monetary damages due […]
read moreWarrantless Searches of Probationers
August 21, 2018Case: State v. Angela Hamm and David Hamm Issue: Are probationers subject to warrantless, suspicionless searches? Facts: Angela and David Hamm were married and lived together. Angela Hamm was on probation. A confidential informant made a statement potentially implicating Angela and David for selling methamphetamine. Officers were unsuccessful in doing a controlled buy or obtaining other direct […]
read moreComparative Fault
August 17, 2018Case: Carolyn Crisp v. Michael Nelms Issue: Was “paceline” cycler at least 50% at fault for accident as a matter of law? Facts: Plaintiff died while bicycling in a “paceline” group. His surviving spouse sued other cyclists, alleging they had slowed down suddenly. Defendants were granted summary judgment on the basis that paceline cycling is inherently dangerous such […]
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