CLE Webcast: DUI law for civil attorneys

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01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
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no grants or denials

Court: TSC


Court: TCA


David S. Wigler, Knoxville, Tennessee, for appellant.

John E. Owings, Knox County Law Director and Robert C. McConkey, Deputy Law Director, Knoxville, Tennessee, for appellee.


Plaintiff filed this action as a "qui tam claim" pursuant to the Tennessee False Claims Act. Tenn. Code Ann. section 4-18-101 et seq. The Trial Court awarded plaintiff proceeds from the settlement under the Act and both parties have appealed. On appeal we hold that plaintiff did qualify under the statute as an original source, and the Trial Court had jurisdiction to award a recovery. However, we hold there is not sufficient evidence to affirm the award. We vacate the award and remand pursuant to Tenn. Code Ann. section 27-3-128.


Court: TCA


Kenneth O. Fritz, Chattanooga, Tennessee, for the Appellants, City of Chattanooga and the Chattanooga City Council.

Arvin H. Reingold, Chattanooga, Tennessee, for the Appellees, Quoc Tu Pham and An Lee Pham.


The plaintiffs filed an action for declaratory judgment to review an Ordinance changing the zoning of the plaintiffs' property. Upon concluding that the defendants improperly changed the zoning on the subject property, the trial court invalidated the Ordinance. The defendants appeal. We affirm.


Court: TCA


Tim L. Bowden, Goodlettsville, Tennessee, for the appellants Tom spears and Dana Spears.

Arthur E. McClellan, Gallatin, Tennessee, for the appellee, Tennessee Farmers Mutual Insurance Company.


Owners of an insured vehicle that was damaged by fire filed suit against their insurance company for breach of contract, failure to pay insurance claim in good faith, and violations of the Tennessee Consumer Protection Act. Insurer filed a counter-complaint alleging that one of the insureds had no right of recovery under the policy because she had no insurable interest in the vehicle and that the other insured was barred from seeking recovery under the policy because the insured failed to answer questions under oath when asked by the insurer. The trial court granted summary judgment to the insurer. Finding no error, we affirm.


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