Articles

All Content


18,258 Posts found
Previous • Page 294 of 1,826 • Next
Posted by: Stacey Shrader Joslin on Nov 20, 2023

BLOOMEKATZ, Circuit Judge. Brian Ames, a member of the Ohio Republican Party (ORP), challenges the constitutionality of Ohio Revised Code § 3517.03, the law governing how Ohio’s political parties select their central committee membership. Ames contends that § 3517.03 contains two unconstitutional provisions: (1) a requirement that political parties elect one man and one woman from each central committee district; and (2) a requirement that central committee members serve terms of either two or four years. The district court concluded that Ames lacked standing and dismissed his claims. We agree. Independent of the statute, the ORP’s internal rules contain an identical gender provision and a compatible two-year term- length provision. Ames does not challenge the ORP’s ability to maintain those internal rules, nor does he present any allegation or evidence that the ORP would change its internal practices in the absence of § 3517.03. It follows that Ames fails to allege a redressable injury, and we therefore affirm the district court’s order dismissing the case for lack of jurisdiction.

Posted by: Stacey Shrader Joslin on Nov 20, 2023

The petitioner, Humberto Paulino Gomez, appeals the denial of his petition for post- conviction relief, which petition challenged his 2020 Greene County Criminal Court guilty- pleaded convictions of second degree murder and attempted second degree murder, for which he received an effective 20-year sentence. On appeal, the petitioner argues that he was deprived of the effective assistance of counsel and that his plea was not knowingly and voluntarily entered. Discerning no error, we affirm.

Posted by: Stacey Shrader Joslin on Nov 20, 2023

This is a contract dispute. The trial court granted non-resident Appellees’ Tennessee Rule of Civil Procedure 12.02(2) motion to dismiss for lack of personal jurisdiction. After conducting a de novo review, we agree with the trial court that Appellees did not have minimum contacts with Tennessee that would permit the exercise of personal jurisdiction over them. Discerning no error, we affirm.

Posted by: Stacey Shrader Joslin on Nov 20, 2023

In April of 2018, Bank of America, N.A. (“BOA”) conducted a foreclosure sale on a piece of real property located in Anderson County, Tennessee. The property was subsequently sold to a third party. The previous homeowner, Reginald Hall (“Appellant”), initiated wrongful foreclosure proceedings against BOA, among others, in the Chancery Court for Anderson County (the “trial court”). BOA filed a motion for summary judgment on July 7, 2022. Following a hearing, the trial court entered an order granting BOA’s motion. Appellant appeals to this Court. Because Appellant’s brief does not comply with the applicable Rules of Appellate Procedure governing briefing, the issues purportedly raised are waived. The trial court is affirmed.

Posted by: Stacey Shrader Joslin on Nov 20, 2023

The defendants appeal a jury verdict rendered after several days of trial. The parties are former business associates, individuals and entities, who worked together in the manufacturing, importing, distribution, and sale of memory foam mattresses. When one of the plaintiffs withdrew from the business in 2016, he invoked a buyout provision in the parties’ operating agreement. The defendants disputed, among other things, the validity of the operating agreement and refused to pay the buyout. A protracted dispute followed, with both the plaintiffs and the defendants alleging several causes of action against one another. Following cross-motions for summary judgment in 2020, the trial court ruled that the operating agreement was not invalid for fraud or unconscionability. The case proceeded to trial on August 3, 2021. The trial lasted several days, and the jury returned a verdict largely in favor of the plaintiffs. The plaintiffs were awarded compensatory and punitive damages, as well as almost a million dollars in attorney’s fees. The defendants appealed to this Court, raising a host of issues. We conclude, however, that the trial court erred in refusing to grant the defendants a mistrial on the first day of trial. For the reasons stated herein, we vacate the jury’s verdict and the trial court’s judgment entered in this matter and remand the case for a new trial.

Posted by: Stacey Shrader Joslin on Nov 20, 2023
For the week of November 13, 2023 - November 17, 2023
Posted by: Stacey Shrader Joslin on Nov 20, 2023

WPLN’s new podcast series "The Kids of Rutherford County" is out and available for streaming, and now a live event is scheduled for the end of the month. On Nov. 29, the Belcourt Theater will feature show host Meribah Knight for a live discussion about the series. The podcast, which was produced in partnership with ProPublica, The New York Times and Serial Production, builds on investigative reporting on the juvenile justice system in Rutherford County, where children were being arrested and illegally jailed for over a decade. Get tickets here.

Posted by: Stacey Shrader Joslin on Nov 20, 2023

The U.S. District Court for the Eastern District of Tennessee recently unveiled portraits of Noah Parden and Styles Hutchins during a ceremony at the federal building in Chattanooga. The pair had represented Ed Johnson before the U.S. Supreme Court and obtained a stay of execution for him before he was killed by a lynch mob. Senior Judge Curtis Collier spoke at the unveiling, saying their “courageous defense of Johnson – at great personal cost – merits the public’s honor.” Read more from the Hamilton County Herald.

Posted by: Stacey Shrader Joslin on Nov 20, 2023

First responders will soon receive some assistance when helping find missing people after the launch of the Knoxville Police Department's Take Me Home Program. The new program allows individuals to enroll family members with cognitive and developmental disabilities in a registry that first responders can use when people go missing or are found wandering alone. The registry will include each person's emergency contact information, physical description and a photo. All information is confidential and can only be accessed by first responders and public safety personnel, Knox News reports.

Posted by: Stacey Shrader Joslin on Nov 20, 2023

The Southeast Tennessee Lawyers’ Association for Women (SETLAW) has recognized Hamilton County Chancellor Pamela Fleenor as its 2023 “Lioness of the Bar.” Fleenor was honored for her adherence to the rules, well-researched opinions and impressive record at the Court of Appeals, according to the Hamilton County Herald. Fleenor earned her law degree at the University of Cincinnati College of Law. She began practicing in 1986 as a litigator, working most recently at Duncan, Hatcher, Hixson & Fleenor. She was elected to serve as chancellor in 2014.


Previous • Page 294 of 1,826 • Next