Volume 51, Issue 1, of The University of Memphis Law Review should be arriving soon in mailboxes. The lead piece is authored by Bulso PLC member Paul Krog: TWB Architects, Inc. v. Braxton LLC: The Unchanging Rule for Plaintiffs’ Summary Judgment Motions, 51 U. Mem. L. Rev. 1.
The comment discusses the Tennessee Supreme Court’s 2019 decision in TWB Architects, a case primarily concerning the role disputes over credibility play in determining the existence of genuine questions of material fact. But TWB Architects also discussed the standard for summary judgment motions brought by a party with the burden of proof at trial. The comment argues that the standard articulated in TWB Architects for those motions is correct, but that a prior articulation of the same standard (from a footnote in Hannan v. Alltel Publishing Co.) was functionally identical and did not need to be overruled.
Look for the comment in your copy of the journal, on Westlaw, or on the Law Review’s current-journal page (the issue has not yet appeared either place).