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.
Health Care Liability Act
July 26, 2021Case: Donna Cooper, Et Al. v. Dr. Mason Wesley Mandy, Et Al. Issue: Does the Health Care Liability Act apply to claims of intentional misrepresentation or medical battery? Facts: Patient filed a lawsuit alleging that Provider intentionally misrepresented that the treating doctor was board certified and also committed medical battery. Provider moved to dismiss on […]
read moreInsurance Payments to General Contractors
January 22, 2021Case: Affordable Construction Serv. v. Auto-Owners Ins. Co. Facts: In this federal diversity case, Construction Company seeks the recovery of money from Insurance Company allegedly due under a purported construction contract between Construction Company and an HOA. The HOA had property insured by Insurance Company, who hired Construction Company for repairs. Construction Company alleges that […]
read moreLoss of Consortium in Claims Commission Cases
January 22, 2021Case: Steven Kampmeyer, Et Al. v. State of Tennessee Facts: Husband filed a claim for damages against the State in the Division of Claims Administration regarding a car accident. The claim was transferred to the Claims Commission, and then Husband and Wife filed a joint complaint for damages in which Wife asserted a claim for […]
read moreProsecutorial Misconduct
January 22, 2021Case: State of Tennessee v. Edward Walsh Facts: Defendant contends that the prosecutor made an improper statement in closing argument. Defendant did not make a contemporaneous objection at trial but did raise the issue in his motion for new trial. Appellate Decision: The intermediate court applied a plain error standard and concluded “no unequivocal rule […]
read moreGang Evidence and Premeditation
January 22, 2021Case: State of Tennessee v. Jeremy Reynolds Facts: Defendant was convicted of first-degree premeditated murder. Over the defense’s objection, the State introduced evidence of gang affiliation “for the purposes of establishing the Defendant’s identity and completing the story.” Appellate Decision: The intermediate court first held there was no evidence of premeditation. Although the evidence circumstantially […]
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