Survey: Lawyers happy with CLE in Tennessee

Lawyers indicate overwhelming approval of CLE course quality in Tennessee and most consider the number of CLE hours required here to be appropriate, according to survey results just released by the Tennessee Commission on Continuing Legal Education & Specialization. The survey, administered by the commission, returned 143 responses from 450 emailed invitations to participate. Of those respondents, 89 percent said they attended CLE courses in Tennessee during the previous year and 98 percent felt those courses were well presented. Eighty-five percent agreed that mandatory CLE should be continued in Tennessee. Three-quarters responded that the number of CLE hours required is "about right" or "too little." Download the details of the survey:

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TSC


Reuben N. Pelot, IV, Knoxville, Tennessee, for the Appellant, Baptist Health System Home Care of East Tennessee.

J. Anthony Farmer, Knoxville, Tennessee, for the Appellee, Patricia M. Bryant.


We transferred this case for review by the full Supreme Court prior to review by the Special Workers' Compensation Appeals Panel primarily to determine whether the trial court erred in dismissing the employer's counterclaim based upon the trial court's conclusion that the employee's false deposition testimony is not a "fraudulent insurance act" as that term is defined by the Workers' Compensation Fraud Act, Tennessee Code Annotated sections 56-47-101 to -112 (2000). The employer also argues that the trial court erred in awarding the employee benefits because the expert proof of permanency is insufficient and that the trial court's award of permanent partial disability benefits is excessive. After reviewing the record and applicable authority, we conclude that the trial court properly dismissed the employer's counterclaim and that the evidence does not preponderate against the trial courtís award of 22.5% permanent partial disability benefits. We therefore affirm the judgment of the trial court.


Court: TCA


Sean J. Martin of Nashville, Tennessee for Appellant, Julie Matteson, individually and d/b/a Matteson Heat, Air, and Refrigeration.

Mike J. Urquhart of Nashville, Tennessee for Appellee, Katherine Davis.


Appellant challenges trial court's order denying Appellant's motion to set aside an order imposing sanctions and granting a default judgment, which was entered after Appellant's prolonged refusal to respond to discovery requests. We affirm.


Court: TCA


Russell E. Edwards of Hendersonville, Tennessee for Appellant, April Dawn (Blackmon) Davis.

John R. Phillips, Jr. of Gallatin Tennessee for Appellee, Steven A. Davis, Jr.


Appellant appeals the denial of a Tenn. R. Civ. P. 60.02 motion for relief from a Final Decree of Divorce as it relates to child custody. Appellant asserts that the judgment is void for lack of jurisdiction under the UCCJEA due to the entry of a previous order of protection in the Alabama family court. We affirm.


Court: TCA


David A. Riddick of Jackson, Tennessee for Appellants, Jerry and Jean Peterson.

John E. Quinn of Nashville, Tennessee for Appellees, Henry County General Hospital District, d/b/a Henry County Medical Center.


This is a premises liability case. Plaintiff/Appellant allegedly suffered injuries after slipping in a pool of water that was allowed to stand on the Hospital/Appellee's floor. The trial court ruled that Hospital/Appellee had no actual or constructive notice of the water and entered judgment in favor of Hospital/Appellee. Plaintiff/Appellant appeals. We affirm.


Court: TCCA


Edward Cantrell Miller, District Public Defender, and Amber Deaton Haas, Assistant Public Defender, for the appellant, Mitchell Lee Blankenship.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Jeremy D. Ball, Assistant District Attorney General, for the appellee, State of Tennessee.


The defendant, Mitchell Lee Blankenship, was convicted of aggravated assault with a deadly weapon, a Class C felony, and sentenced as a Range I, standard offender to five years, with one year to serve in confinement. On appeal, he argues that the evidence is not sufficient to support his convictions and that the trial court erred in sentencing by improperly weighing enhancement factors, not applying mitigating factors, and not granting him full probation. We conclude that the evidence is sufficient. Although the trial court erred in applying the multiple victims enhancement factor, we conclude that the sentence imposed by the trial court was justified. We affirm the judgment of the trial court.


Court: TCCA


Michael J. Flanagan, (on appeal) Nashville, Tennessee, and H. Randolph Fallin (at trial), Mountain City, Tennessee, for the appellant, Harold Tolley.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Joe C. Crumley, District Attorney General; and Anthony W. Clark and Fred Lance, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Harold Tolley, appeals the post-conviction court's denial of his petition for post-conviction relief. On appeal, he argues that he received the ineffective assistance of counsel. Following our review of the record and the parties' briefs, we affirm the court's denial of post-conviction relief.


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