Intermediate Scrutiny Blog

November 29–December 5, 2025 Plaintiffs seek class certification related to a water main break that resulted in “a loss of water pressure throughout parts of the distribution system” for two days and “a precautionary boil water advisory” for six.  The trial court denies class certification, and the Plaintiffs appeal.  Tennessee Court of Appeals: “[W]hile the

November 22–28, 2025 Defendant moves to compel arbitration, but the trial court denies the motion.  Afterward, Defendant seeks and obtains permission to appeal under Tennessee Rule of Appellate Procedure 9.  The resulting Rule 9 appeal then is taken more than 30 days after the trial court’s initial order denying the Defendants’ motion to compel

November 15–21, 2025 Disgruntled Former Employee posts extensively about his Former Employer, which banned him from the premises after an incident of workplace harassment.  Employer obtains a temporary restraining order and an injunction under the Tennessee Violence in the Workplace Act.  Employer also petitions for civil contempt during the litigation and secures contempt fines

November 8–14, 2025 Disgruntled Former Employee posts extensively about his Former Employer, which banned him from the premises after an incident of workplace harassment.  Employer obtains a temporary restraining order and an injunction under the Tennessee Violence in the Workplace Act.  Employer also petitions for civil contempt during the litigation and secures contempt fines

November 1–7, 2025 Parties are engaged in bitter divorce.  During the divorce proceedings, Husband is criminally convicted of raping Wife, which is relevant to the divorce proceedings.  Trial court judge touches on the issue and makes various adverse credibility assessments against Husband during the divorce proceedings, which Husband claims on appeal (without having filed

October 18–31, 2025 Plaintiff files negligence action, has it dismissed on summary judgment for lack of breach of duty and causation.  Plaintiff appeals but fails to preserve or argue issues related to breach of duty.  Tennessee Court of Appeals, enraged: We affirm based on the unappealed dispositive ground.  And to make readers of this