Tennessee Supreme Court Sets Oral Arguments for October in Nashville

October 9, 2017

The Tennessee Supreme Court will hear five cases on October 11, 2017, in Nashville, TN.  The details of the cases are as follows:  

Wednesday, October 11, 2017

  • Athlon Sports Communications, Inc., v. Stephen C. Duggan, et al. - This case considers the stock valuation method for determining the fair value of dissenting shareholders’ stock.  The issues before the Court are whether the trial court properly utilized the Delaware Block Method as its exclusive method for determining the fair value of dissenting shareholders’ stock and whether the trial court’s factual findings in its application of the Delaware Block Method were supported by the evidence. 
  • State of Tennessee v. Kevin Patterson aka John O’Keefe Varner aka John O’Keefe Kitchen - In this appeal of a defendant’s sentence of life without parole, the issue before the Court is whether the State provided adequate notice as required by statute of its intent to have the trial court sentence the defendant as a repeat violent offender.
  • In re Bentley D. - The Supreme Court assumed jurisdiction over this parental termination appeal prior to its resolution in the Court of Appeals because the matter involved an issue of compelling public interest.  The issue involves a relatively new statutory provision that requires the party appealing a decision in a parental termination case to sign the notice of appeal.  The Court limited briefing and oral argument to the following issues: “(1) whether failure to comply with Tennessee Code Annotated section 36-1-124(d) is a jurisdictional defect; and (2) whether Tennessee Code Annotated section 36-1-124(d) is unconstitutional based on separation of powers, due process, and/or equal protections grounds.”
  • Rose Coleman v. Bryan Olson - This case considers the remedy for a deceased party’s alleged violation of an automatic temporary injunction in a domestic case involving life insurance proceeds.  The Court also will consider whether the Court of Appeals properly reversed the trial court’s award of grandparent visitation.
  • Brittany Noel Nelson, et al. v. Charles W. Myres, et al. - In this wrongful death case, the issue is whether the surviving spouse or surviving child has priority to file a wrongful death claim when the surviving child alleges that the death of the deceased spouse was caused by the surviving spouse.

Any media who wish to be present at any oral argument must follow Supreme Court Rule 30, and file a request.