Labor & Employment Law Forum offers strong lineup

The TBA's Annual Labor & Employment Law Forum returns for its 12th year on April 3, featuring a program focused on the unique issues impacting labor and employment law, including bankruptcy, sports and entertainment law. It will also include an ethics panel of distinguished in-house attorneys from a Tennessee Fortune 100 company, plus recent case law developments and related issues.

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Court: TCA


Charles E. Stanbery, Jr., Chattanooga, Tennessee, for the Appellant, L.M.H.H.

Robert E. Cooper, Jr., Attorney General & Reporter, and Lauren S. Lamberth, Assistant Attorney General, Nashville, Tennessee, for the Appellee, Tennessee Department of Children's Services.


In this termination of parental rights case, L.M.H.H. ("Mother") gave birth to her daughter, C.H.E.H., while incarcerated for prostitution and violation of probation. Mother surrendered C.H.E.H. to the Tennessee Department of Children's Services ("DCS"). DCS placed C.H.E.H. with a foster family when she was eight days old. C.H.E.H. has Down Syndrome, which causes her significant medical problems and developmental delays. DCS prepared a parenting plan for Mother when she was released from jail, but Mother made no progress on this plan because of her drug addiction and frequent incarceration. Mother was released again from jail but this time into the Family Way program, a substance abuse program for mothers. Shortly thereafter, DCS prepared a second permanency plan for Mother, and Mother did make progress on its requirements. Mother currently is participating in drug counseling through Family Way and has not failed a drug screen since starting the program. Mother has obtained a job, has an apartment where two of her other children reside with her, has completed a parenting assessment, and has participated in therapy sessions. DCS filed a petition to terminate Mother's parental rights to C.H.E.H. in February of 2007. Following a trial, the Trial Court terminated Mother's parental rights based upon four grounds for termination. Mother appeals. After careful review, we reverse the judgment of the Trial Court as to the termination of Mother's parental rights under Tenn. Code Ann. section 36-1-113(g)(1) for willful failure to visit and willful failure to support the Child and Tenn. Code Ann. section 36-1-113(g)(2) for substantial noncompliance with the permanency plans. We affirm the remainder of the Trial Court's judgment terminating Mother's parental rights pursuant to Tenn. Code Ann. section 36-1-113(g)(3).


Court: TCA


John E. Owings and Robert C. McConkey, III, Knoxville, Tennessee, for the appellant, Knox County, Tennessee.

W. Morris Kizer and Debra C. Poplin, Knoxville, Tennessee, for the appellee, City of Knoxville.


The issue on appeal in this annexation dispute between the annexing city and the county is which tax allocation statute controls the allocation of Local Option Revenue derived from the annexed territory: the one in effect when the city passed the annexation ordinance on final reading, or the one in effect when the annexation ordinance became operative following a protracted quo warranto action. The city, which annexed valuable retail and commercial property, contends the tax scheme in effect in 1995 when the ordinance passed final reading applies. The county contends Tenn. Code Ann. section 6-51-115(b)(2) (1998), which was enacted after the ordinance was passed by the city, applies because it was in effect when the ordinance became operative. The Chancellor ruled in favor of the city, finding the statute in effect when the city passed the annexation ordinance applies. We reverse finding Tenn. Code Ann. section 6-51-115(b)(2) (1998), which was in effect when the ordinance became operative, controls the allocation of tax revenue from the annexed territory.

COTTRELL concurring


Court: TCA


Jeanette Scoggin, pro se Appellant.

Richard A. Sedgley, Knoxville, Tennessee, for the Appellee, Guy Scoggin.


Jeanette Scoggin ("Wife") filed for divorce from Guy Scoggin ("Husband") following a marriage of four years. The parties agreed on how to equitably divide the marital property, with the exception of Husband's interest in a limited partnership. The Trial Court divided Husband's interest in the limited partnership by awarding Wife a 50% interest in any distribution of income or proceeds from a sale. Wife appeals and is proceeding pro se. Wife appears to claim that she should have been given an interest in other business ventures of Husband. Wife also claims her attorney failed to have certain documents admitted at trial. We affirm.


Court: TCA


Isham B. Bradley, Nashville, Tennessee, for the appellant, Western Express, Inc.

H. Frederick Humbracht, Jr., Nashville, Tennessee, for the appellee, Lexington Insurance Company.


In this declaratory judgment action, the insured contests the trial court's ruling that a Commercial Property Policy provided no coverage for a theft loss and imposed no duty on the insurer to provide a defense for a claim arising out of that loss. The trial court found that the policy's Attended Vehicle Protective Provision was applicable and unambiguous, and thereby excluded the theft loss from coverage under the policy. Because there was no coverage for the theft loss, the trial court found that the insurer had no duty to defend the insured for claims arising out of that loss. The insured contends that the provisions of the insurance contract were ambiguous, that coverage was not clearly excluded for this loss, and that regardless, the insurer was obligated to provide a defense per a mandatory federal endorsement. We affirm.


Court: TCCA


Gregory D. Gookin, Assistant Public Defender, Jackson, Tennessee, for the appellant, David Harold Hammond.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Jerry Woodall, District Attorney General, and Shaun Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, David Harold Hammond, was convicted by a Madison County jury of one count of rape. As a result, the trial court sentenced Appellant as a Range II multiple offender to twelve years incarceration. Because Appellant was on probation at the time the rape was committed, the trial court ordered Appellant's sentence to run consecutively to two existing felony sentences. Appellant complains on appeal that the evidence was insufficient to support the rape conviction and that the trial court improperly ordered him to serve his sentence for rape consecutively to his existing sentences. Because the evidence was sufficient to support the conviction and the trial court properly sentenced Appellant, we affirm the judgment of the trial court.

Notice to Bureau of TennCare re: Medicaid/Medicare Benefits Due to Separation Asset Division

TN Attorney General Opinions

Date: 2008-02-21

Opinion Number: 08-31


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