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.


Election of Offenses

Case:  State of Tennessee v. Jimmy Dale Qualls Issue:  Was the State’s election of offenses sufficiently specific? Facts:  Defendant was convicted of abusing his two daughters over a lengthy period of time. The … [Read more...]

Zoning Appeal

Case:  Metro v. The Board of Zoning Appeals Issue:  Can a city challenge a zoning determination with a writ of certiorari? Facts:  A billboard company applied to Metro Codes for permits. When the applications were … [Read more...]

Motion to Dismiss in Securities Fraud Case

Case:  First Community Bank, N.A. v. First Tennessee Bank, N.A., et al. Issue:  Did the Complaint alleging securities fraud sufficiently plead claims for which relief can be granted? Facts: Plaintiff purchased … [Read more...]

Remittitur of Damages

Case:  Donreil A. Borne v. Celadon Trucking Services, Inc. Issue:  Whether, and to what extent, a suggestion of remittitur is appropriate for loss of enjoyment of life damages. Facts:  Plaintiff prevailed in a … [Read more...]

Access to Counsel

Case:  State of Tennessee v. Michael Smith Issue:  Is a defendant deprived of due process rights by being required to sit behind counsel table? Facts:  The Defendant challenges Rule 8.05 of the Rules of Practice … [Read more...]

Real Property Dispute

Case:  Arthur B. Roberts et al. v. Robert Bailey et al. Issue:  Can a party acquire title by prescription where another party with a legal interest previously lacked notice of their potential interest? Facts: The … [Read more...]

Healthcare Liability Action Pre-suit Requirements

Case:  Timothy Davis, as surviving spouse and next of kin of Katherine Michelle Davis v. Michael Ibach, M.D., and Martinson Ansah, M.D. Issue: Did Patient's pre-suit notice's failure to indicate attorney had no … [Read more...]

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