Intermediate Scrutiny Blog

October 11–17, 2025 Attorney sues Client for unpaid legal fees resulting from an appeal in which Attorney represented Client successfully.  The trial court rules that no further fees are due beyond what Client has already paid because any further amount would be unreasonable under Rule of Professional Conduct 1.5(a).  Tennessee Court of Appeals: Attorney “clearly

October 4–10, 2025 Inmate at a state prison facility is found guilty of violating prison disciplinary rules for cursing at another inmate while in the gym.  After exhausting administrative appeals, he petitions for certiorari (he loses).  Inmate then files a motion to alter or amend the trial court’s judgment, which the trial court denies

September 20–October 3, 2025 Medical malpractice Plaintiff sues Doctor (directly) and Doctor’s Medical Practice (vicariously).  Doctor doesn’t maintain a valid mailing address on the Tennessee Department of Health’s website, though, so plaintiff mails pre-notice of her claim to the place where Plaintiff’s surgery took place.  Tennessee Court of Appeals: And that was a mistake; pre-suit

September 6–19, 2025 Decedent dies after receiving $231,416.24 in long-term care and support services from TennCare, Tennessee’s Medicaid program.  After Decedent’s death, TennCare files a claim for reimbursement against the Decedent’s estate, seeks to collect against the Decedent’s home.  [Editorial note: If this shocks you, then you missed the reporting last year on this particular nationwide

August 30–September 5, 2025 Bystanders are mistakenly shot by Metro police (who were aiming for someone else).  Afterward, Bystanders sue Metro for negligence.  Six years later, Metro asserts that the lawsuit is barred by the Tennessee Governmental Tort Liability Act’s civil rights exception, and the trial court agrees.  Bystanders appeal.  Tennessee Court of Appeals: Bad plaintiff’s

August 23–29, 2025 Pro se appellant files grossly defective brief in which he asks the Tennessee Court of Appeals to “order the removal of [the trial court judge’s] inappropriate and defamatory remarks from both the court transcript and the official orders” and to issue “a letter of reprimand” to the trial court judge.  Tennessee Court