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01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
00 - TN Court of Criminal Appeals
03 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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Court: TSC



Court: TCA


Lawren B. Lassiter, Gallatin, Tennessee, for the appellant, W.C.

J.G.W., Pro Se.

D.L.W., Pro Se.


Incarcerated father appeals the trial court's termination of his parental rights, arguing that the termination was not in the best interest of the child. Because the trial court's determination is supported by clear and convincing evidence, we affirm the trial court's decision.


CORRECTION is pages 3 & 5

Court: TCA


M.J. Hoover III, Knoxville, Tennessee, for the appellant, Shirley J. Elliot.

Christopher D. Heagerty, Knoxville, Tennessee, for the appellee, Life of the South Insurance Company.

Christopher W. Conner, Maryville, Tennessee, for the appellee, Amtrust Bank.

Linda J. Hamilton Mowles and Tara L. Dalton, Knoxville, Tennessee, for the appellees, Cappo Management, Inc. and Dave Lawson.

Judge: LEE

The Plaintiff was issued a credit disability insurance policy based upon an application she executed when she purchased a vehicle from an auto dealership. Thereafter, the Plaintiff was diagnosed with cancer which prevented her from working, and she applied for benefits under the policy. The insurer refused to pay, and the Plaintiff filed suit against the insurer, the bank that financed the vehicle purchase, the auto dealership, and the dealership employee who assisted the Plaintiff in preparing the insurance application. The Plaintiff's suit sought recovery on the policy and asserted various other causes of action, including alleged violations of the Tennessee Consumer Protection Act and the Americans With Disabilities Act. Upon the Defendants' motions for summary judgment, the trial court dismissed the case. After reviewing the record, we find that none of the Defendants' motions for summary judgment addressed the issue of whether the auto dealership employee engaged in deceptive practices in assisting the Plaintiff in her application for the credit disability insurance. Accordingly, we reverse the trial court's ruling as to the Plaintiff's causes of action against all of the Defendants for violation of the Tennessee Consumer Protection Act and as to Life of the South for violation of the Americans With Disabilities Act, and we affirm summary judgment in favor of the Defendants as to all of the Plaintiff's remaining causes of action.



Court: TCA


Stephen W. Pate, Murfreesboro, Tennessee, for the appellant, Donald Ray Mathis.

Jeffrey L. Levy, Nashville, Tennessee, for the appellee, Marschella June Mathis.


In this divorce, husband argues that the trial court erred in rejecting two purported postnuptial agreements, in failing to terminate child support and reduce his alimony obligation during the pendency of the divorce litigation, in ordering rehabilitative alimony, and in ordering the sale of the marital estate. We have concluded that the trial court properly found no postnuptial agreement but erred in ordering the sale of the marital assets. On remand, the trial court must value and divide the marital assets. We affirm the trial court's decisions regarding child support and alimony.



Court: TCA


Andrew L. Messick, Murfreesboro, Tennessee, for the appellant M.M.S.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Joshua Davis Baker, Assistant Attorney General, for the appellee, State of Tennessee Department of Children's Services.


Father challenges the trial court's termination of his parental rights on the grounds of abandonment by failing to visit and by engaging in conduct exhibiting a wanton disregard for the child's welfare. Finding that the trial court's decision is supported by clear and convincing evidence, the judgment terminating Father's parental rights is affirmed.


Use of Birth Name Not Required in Running for Office

TN Attorney General Opinions

Date: 2009-11-16

Opinion Number: 09-176


Licensed Auctioneer Holding a License as an Alcoholic Beverage Collector

TN Attorney General Opinions

Date: 2009-11-16

Opinion Number: 09-177


County Election Commission Vacancy

TN Attorney General Opinions

Date: 2009-11-16

Opinion Number: 09-178



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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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