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IN RE B.D., R.M.T. & V.F.T.

Court: TCA


Hillary H. Duke, Dickson, Tennessee, for the appellant Regina C.

James L. Baum, Burns, Tennessee, for the appellant Nicholas T.

Robert E. Cooper, Jr., Attorney General and Reporter, and Dianne Stamey Dycus, Deputy Attorney General, General Civil Division, Nashville, Tennessee, for the appellee, State of Tennessee, Department of Children's Services.

Jack L. Garton, Dickson, Tennessee, Guardian ad Litem for B.D.

B. Kyle Sanders, Dickson, Tennessee, Guardian ad Litem for R.M.T. and V.F.T.

Judge: KURTZ

Mother and Father appeal the order of the Juvenile Court for Dickson County, Tennessee terminating their parental rights. Mother's termination was based on: noncompliance with the permanency plan; failure to visit; failure to establish a suitable home; and the persistence of conditions that prevent return of the children; and the children's best interests. Father's termination was based on noncompliance with the permanency plan and the children's best interests. Finding by clear and convincing evidence that grounds for termination exist and that termination is in the children's best interests, as modified, the judgment is affirmed.


Court: TCA


J. Arnold Fitzgerald, Dayton, Tennessee, for appellant, Randy Garrison.

Michael S. Pritchard, Chattanooga, Tennessee, for appellees, Todd D. Dingman et ux, Sharon Dingman.


This is a factual dispute about whether defendant signed a lease as a tenant and is liable under the terms of the lease. The Trial Court held defendant liable for damages under the lease. We affirm.


Court: TCA


George E. Barrett and Laurel A. Johnston, Nashville, Tennessee, for the appellant, William B. Akers.

Barbara J. Perutelli, Nashville, Tennessee, for the appellee, Robert H. Goodall, Jr.


Buyer sued seller of large tract of real estate for intentional misrepresentation, fraudulent misrepresentation, breach of contract, and breach of express warranty based upon allegations that an earthen dam on the property was unsafe. The trial court granted summary judgment in favor of the buyer on all issues of liability. Because we have concluded that there is a genuine issue of material fact as to whether the buyer reasonably relied upon the seller's misrepresentations, we reverse and remand.


Court: TCA


Wade B. Cowan, Nashville, Tennessee, for the appellant, Gary M. Gossett.

Douglas R. Pierce and James Andrew Farmer, Nashville, Tennessee, for the appellee, Tractor Supply Company, Inc.


This is a common-law retaliatory discharge action. The trial court awarded summary judgment to Defendant employer where Plaintiff, discharged at-will employee, alleged he was discharged for refusing to participate in, but not reporting, Defendant's allegedly illegal data reporting practices. The trial court awarded summary judgment to Defendant on the grounds that, under Collins v. AmSouth Bank, 241 S.W.3d 879 (Tenn Ct. App. 2007), reporting of the alleged illegal activity is a necessary element of a common-law retaliatory discharge claim. To the extent to which Collins so holds, we disagree with Collins that a common-law retaliatory discharge claim can never be sustained based on an at-will employee's refusal to participate in an illegal act or an act in contravention of a clearly-established public policy. Summary judgment in favor of Defendant is reversed, and this matter is remanded for further proceedings.


Court: TCCA


G. Earl Patton, Crossville, Tennessee, for the appellant, Michael S. Morani.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Randall A. York, District Attorney General; and Mark Gore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Michael S. Morani, appeals the denial of his petition for post-conviction relief. In this appeal he asserts that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the judgment of the post-conviction court.


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Read the ACLU release
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Concern about dwindling confidence in the impartiality of elected judges was evident in the Supreme Court today, as a majority of justices expressed support for a ruling that the Constitution's guarantee of a fair trial could require judges not to participate in a case in which there was a likelihood of bias. Their comments came during arguments in a closely watched case from West Virginia, in which more than $3 million was spent by the chief executive of a coal company to help elect state Supreme Court Justice Brent Benjamin at the same time his company was appealing a verdict.
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Read more about Mr. Meek in the News Sentinel
Visitation Wednesday for Jackson lawyer Tim Latimer
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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