Raybin And Perky Tennessee Supreme Court Hot List

David Raybin, Sarah Perky, and Ben Raybin edit the Tennessee Supreme Court Hot List which will keep you informed about the recent grants of review in both civil and criminal cases and what it may mean to your practice.

The following list addresses all pending cases where review was granted in order of the date of grant of review. Since cases often involve multiple issues and the Court generally does not specify which ones are of concern, the issues identified below may not always be the ones addressed in the Court's opinions. Each month we “prune” the list to remove cases which have been decided so the list is as current as possible.


Retaliatory Discharge for Whistleblowing

Case:  Charles Haynes v. Formac Stables, Inc. Issue: Does a plaintiff state a cause of action for whistleblower retaliatory discharge where he or she only reported the illegal activity to the owner of the company, who … [Read more...]

Expert Contiguous State Requirement

Case:  C.L. Gilbert, Jr. v. Izak Frederick Wessels, M.D. Issue:  Did the trial court err in declining to waive the contiguous state requirement for a testifying expert witness? Facts:  Defendant’s attorney spent … [Read more...]

Attempted Offenses

Case:  State of Tennessee v. Jeremy Wendell Thorpe Issues:  Was attempted sexual battery a lesser included offense of sexual battery under the facts?  Does evidence of a completed offense render insufficient the … [Read more...]

Criminal Mistrial

Case:  State of Tennessee v. Lamar Parrish Carter Issue:  Did defense counsel’s question about potential sentence create manifest necessity for mistrial? Facts:  Defendant and two co-defendants were charged with … [Read more...]

General Sessions Appeal Bonds

Case:  Wilma Griffin v. Campbell Clinic, P.A. Issue:  Does a cash bond pursuant to T.C.A. § 8-21-401 satisfy the obligation to “give bond with good security” under § 27-5-103? Facts:  The Circuit Court … [Read more...]

Retaliatory Discharge – Whistleblower

Case:  Larry D. Williams v. City of Burns, Tennessee Issue:  Can a whistleblower sue for retaliatory discharge after being fired for disloyalty? Facts:  A terminated police officer filed for retaliatory discharge, … [Read more...]

Forfeiture of Property

Case:  State of Tennessee v. Charles D. Sprunger Issue:  Can the State seize the real property of a defendant convicted of downloading child pornography where the only nexus between the unlawful behavior and the … [Read more...]

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