Raybin Tennessee Supreme Court Hot List

Case:  In Re: Cumberland Bail Bonding Facts:  Bail Bond Company’s bonding privileges were suspended due to violation of a local rule requiring a bonding agent be present for a defendant’s first court appearance. Appellate Decision:  The intermediate court reversed, holding that because the rules already require a bonding company require the company to notify the […]

Case:  Antonio Howard v. State of Tennessee Facts:  Petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective in failing to file a timely motion for new trial. Appellate Decision:  The intermediate court held that trial counsel was deficient and Petitioner was presumptively prejudiced by the deficiency pursuant to Wallace v. State, 121 […]

Case:  Jodi McClay v. Airport Management Services, LLC, U.S. District Court Case 3:17-cv-00705. Facts:  The U.S. District Court for the Middle District of Tennessee requested an opinion on the following certified questions of law: (1) Does the non-economic damages cap in civil cases imposed by Tenn. Code Ann. § 29-39-102 violate a plaintiff’s right to […]

Case:  Joshua Keller v. Janice Casteel, Et Al. Facts:  A city firefighter was terminated and challenged the termination procedure. The trial court granted him partial summary judgment regarding wrongful termination, but with respect to damages, found that the petitioner failed to exercise reasonable diligence in securing employment. The firefighter appealed. Appellate Decision: The intermediate court […]

Case:  East Tennessee Pilot’s Club, Inc. v. Knox County Tennessee, Et Al. Facts:  After an ALJ concluded certain property should be classified as “farm property,” the county property assessor reclassified it in 2013 as split property, commercial and farm. The property owner paid its 2013 to 2016 taxes “under protest” and filed suit seeking a […]