Recent Tennessee Supreme Court Opinions

State v. Smith and State v. Davis (2/11/2016)

ScotBlog analysis:  Tennessee Supreme Court: If you commit any minor driving infraction in Tennessee, you can be pulled over. Also, you’re a criminal.

Metro. Gov’t of Nashville-Davidson Cty. v. Bd. of Zoning Appeals of Nashville (11/10/2015)

ScotBlog analysis:  Metro Can Sue Its Own Zoning Board, Holds Tennessee Supreme Court

Tatham v. Bridgestone Americas Holding, Inc. (10/30/2015)

ScotBlog analysis:  Tennessee Supreme Court gives trial courts more latitude in determining proper sanctions for spoliation of evidence.

Rye v. Women’s Care Ctr. of Memphis, MPLLC (10/26/2015)

ScotBlog analysis:  In its most consequential ruling of the year, Tennessee Supreme Court modifies Tennessee’s summary judgment standard, adopts federal “put up or shut up” rule.

Turner v. Turner (10/21/2015)

ScotBlog analysis:  Tennessee Supreme Court voids judgment for lack of personal jurisdiction; establishes standard for determining when void judgments are still binding.

Ellithorpe v. Weismark  (10/8/2015)

ScotBlog analysis:  All claims related to the provision of health care are now governed by the Health Care Liability Act, holds Tennessee Supreme Court.

Chartis Casualty Company v. Tennessee (10/2/2015)

ScotBlog analysis:  Five Pennsylvania insurance companies recoup $16 million in tax payments after Tennessee Supreme Court holds that retaliatory taxes were improperly assessed.

Moreno v. City of Clarksville (9/18/2015)

ScotBlog analysis:  In 4-1 ruling, Tennessee Supreme Court holds that procedural obstacles keep Clarksville man’s claim out of court.

State v. Bell (9/10/2015)

ScotBlog analysis:  In controversial 3-2 decision, Tennessee Supreme Court affirms death penalty conviction that is virtually certain to be subsequently overturned.

Young v. City of LaFollette (8/26/2015)

ScotBlog analysis:  Tennessee Public Protection Act claims do not include a right to a jury trial, holds Tennessee Supreme Court.

Yardley v. Hospital Housekeeping Systems (8/21/2015)

ScotBlog analysis:  Tennessee Supreme Court holds that businesses may lawfully refuse to hire employees solely because they’ve previously filed for workers’ compensation.

State v. Knowles (7/31/2015)

ScotBlog analysis:  Tennessee Supreme Court Affirms Conviction Despite Prosecutor Submitting Wrong Allegation to Jury.

Roberts v. Bailey (7/31/2015)

ScotBlog analysis:  Tennessee Supreme Court holds that family is entitled to keep its farm because it acquired “title by prescription.”

State v. Teats and State v. Williams (7/14/2015)

ScotBlog analysis:  Tennessee Supreme Court holds that a special jury instruction is not required when a defendant is charged with kidnapping and robbery of separate victims.

West v. Schofield II (7/2/2015)

ScotBlog analysis:  Tennessee Supreme Court denies inmates’ request to challenge constitutionality of the electric chair, but holds that they will have the opportunity to do so in the future.

Action Chiropractic Clinic, LLC v. Hyler (7/1/2015)

ScotBlog analysis:  Tennessee Supreme Court holds that insurance assignment clause was ineffective.

Payne v. CSX Transportation, Inc. (7/1/2015)

ScotBlog analysis:  Jury’s verdict that CSX was liable for negligently causing a former employee’s lung cancer will stand, but CSX is entitled to a new trial addressing damages, holds Tennessee Supreme Court.

Arden v. Kozawa (6/30/15)

ScotBlog analysis: FedEx can deliver HCLA pre-suit notice letters, too, holds Tennessee Supreme Court

State v. Feaster (6/25/15)

ScotBlog analysis:  Tennessee’s Double Jeopardy standard may be applied retroactively, holds Tennessee Supreme Court

Berent v. CMH Homes, Inc. (6/5/15)

ScotBlog analysis:  Tennessee Supreme Court approves one-sided arbitration clauses that require one party to arbitrate all disputes while allowing the other party to seek judicial review for limited purposes

State v. Davis (6/3/15)

ScotBlog analysis:  Tennessee Supreme Court Holds that a Witness’s Claim of Memory Loss Concerning Prior Statements Can Trigger Hearsay Exceptions and that Inconsistent Verdicts Are Acceptable

Davis ex rel. Davis v. Ibach (5/29/15)

ScotBlog analysis:  Zero Is Not a Number For Purposes of Tennessee’s Health Care Liability Act, Says Tennessee Supreme Court

White v. Beeks (5/18/15)

ScotBlog analysis:  Doctors must prospectively disclose all significant medical risks to their patients—not just those risks that ultimately cause harm, holds Tennessee Supreme Court

State v. Herron (3/25/15)

 ScotBlog analysis:  Tennessee Supreme Court holds that recorded forensic interviews in child sex cases are subject to evidentiary constraints on admitting prior consistent statements, reaffirms rule regarding offers of proof, and breathes life into cumulative error doctrine.