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Posted by: Tanja Trezise on Aug 17, 2021

SUTTON, Chief Judge. Anthem provides health insurance. To ensure that it pays only for medically necessary procedures, it hires nurses to review insurance claims. The company pays those nurses a salary but does not pay them overtime. Laura Canaday, an Anthem nurse who lives in Tennessee, filed a proposed collective action under the Fair Labor Standards Act in federal court in Tennessee, claiming that the company misclassified her and others as exempt from the Act’s overtime pay provisions. A number of Anthem nurses in other States opted into the collective action. But the district court dismissed the out-of-state plaintiffs on personal jurisdiction grounds. We affirm.

Posted by: Tanja Trezise on Aug 17, 2021

The defendant, William Darnell Richardson, appeals his Lawrence County Circuit Court jury convictions of possession of 0.5 grams or more of a Schedule II controlled substance with intent to sell, simple possession of a Schedule IV controlled substance, possession of drug paraphernalia, and driving on a revoked or suspended license, arguing that he is entitled to plain error relief for inappropriate and prejudicial statements made by the prosecutor during closing arguments, that the trial court erred by admitting evidence contravening the rules of hearsay, and that the evidence was insufficient to support his conviction of possession of 0.5 grams or more of methamphetamine with intent to sell. Because the trial court erred by admitting certain hearsay evidence, we reverse the defendant’s conviction for simple possession of Alprazolam and remand for a new trial on that charge. Because the evidence was insufficient to sustain the defendant’s conviction of driving on a revoked or suspended license, we vacate that conviction and dismiss that charge. We affirm the defendant’s conviction of possession of methamphetamine with intent to sell and find no plain error in the prosecutor’s closing argument.

Posted by: Tanja Trezise on Aug 17, 2021

The Defendant-Appellant, James Durand Favors, was charged by information with four counts of aggravated domestic assault. He entered open guilty to pleas to all four counts. Following a sentencing hearing, the trial court sentenced the Defendant as a Range I, standard offender to a total effect sentence of fifteen years’ incarceration to run consecutively to his sentence in two prior cases. The sole issue raised on appeal is whether the trial court abused its discretion in denying the Defendant alternative sentencing. Upon review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Aug 17, 2021

A Davidson County jury convicted the Defendant, Caleb Josiah Cannon, of premeditated firstdegree murder, and the trial court sentenced him to life in prison. On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion in limine to exclude evidence that a human remains detection dog alerted to the presence of the scent of human remains in the Defendant’s home and car; (2) the evidence is insufficient to prove that the victim was deceased or that the Defendant caused her death; (3) the trial court erred when it admitted testimony from a witness identifying him in court because such testimony was tainted; and (4) the trial court erred when it excluded defense proof. After review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Aug 17, 2021

The issues on appeal arise from a personal injury action commenced by two tenants of an apartment complex against the owner of the complex and the property management company. The complaint alleged that one of the plaintiffs fell through an inadequately supported floor vent in the master bedroom of their apartment. The plaintiffs asserted that the management company should have discovered the defective condition while conducting maintenance and repairs on the apartment. The trial court summarily dismissed the complaint after finding the undisputed facts showed the defect was concealed and the management company had no duty to test the vent’s structural integrity. Prior to entry of a final judgment, the plaintiffs then filed an amended complaint based on negligence per se against only the management company. The plaintiffs asserted that a local building code established a minimum live load for apartment floors. The court dismissed the amended complaint after finding the building code did not apply. We affirm.

Posted by: Tanja Trezise on Aug 17, 2021

This is a divorce case. Husband/Appellant appeals the trial court’s: (1) pre-trial procedural rulings; (2) characterization of certain assets as marital property; and (3) equitable division of the marital estate. Discerning no reversible error, we affirm.

Posted by: Tanja Trezise on Aug 17, 2021

The trial court dismissed the plaintiffs’ conversion claim in accordance with Rule 12.02(6) of the Tennessee Rules of Civil Procedure, determining that it was filed outside the applicable three-year statute of limitations. We affirm.

Posted by: Tanja Trezise on Aug 16, 2021

GRIFFIN, Circuit Judge. Class actions encourage absent members to rely on representatives to vindicate their rights. If, however, the court decides that a lawsuit should not proceed as a class action (or at all), class members are on their own. Consistent with the representative nature of class litigation, the Supreme Court has established American Pipe tolling, an equitable doctrine under which filing a class action pauses the deadlines for members to file related individual actions. See American Pipe & Const. Co. v. Utah, 414 U.S. 538, 554 (1974). The reason for this doctrine is simple: Once a class action is filed, putative class members pursue their rights through that vehicle and defendants know of the claims against them, so there is no need to clutter the courts with repetitive actions.

For the reasons below, we hold that the administrative denial at issue here did not terminate tolling. We also hold that the outright dismissal of an uncertified class action ends American Pipe tolling and restarts class members’ statute-of-limitations clocks. Applying our first holding, we reverse the district court’s dismissals of Potter and Adams and remand for proceedings consistent with this opinion. Applying our second, we affirm the district court’s dismissal of Messer.

Posted by: Tanja Trezise on Aug 16, 2021
Following a jury trial, the Defendant, Stephen Maurice Mobley, was convicted of two counts of first degree premeditated murder and one count each of attempted first degree murder, aggravated assault, and employing a firearm during the commission of a dangerous felony. The trial court merged the attempted first degree murder and aggravated assault convictions and imposed an effective sentence of life imprisonment plus twenty-six years. On appeal, the Defendant contends that (1) the evidence is insufficient to support the convictions; (2) the trial court improperly denied the Defendant’s challenge to the State’s striking a prospective juror as violating Batson v. Kentucky, 476 U.S. 79 (1986); (3) a juror failed to disclose her prior knowledge of the Defendant during voir dire and provided extraneous information to other jurors in violation of the Defendant’s right to a fair trial; (4) the trial court erred in admitting hearsay statements under the excited utterance hearsay exception; and (5) the trial court improperly admitted evidence that the Defendant had been placed on a most wanted list by law enforcement prior to his arrest. We remand the case to the trial court for a hearing as to whether the State struck a potential juror in violation of Batson. We conclude that none of the other issues raised by the Defendant warrant relief.
Posted by: Tanja Trezise on Aug 16, 2021

A Davidson County jury convicted the Defendant, Caleb Josiah Cannon, of premeditated firstdegree murder, and the trial court sentenced him to life in prison. On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion in limine to exclude evidence that a human remains detection dog alerted to the presence of the scent of human remains in the Defendant’s home and car; (2) the evidence is insufficient to prove that the victim was deceased or that the Defendant caused her death; (3) the trial court erred when it admitted testimony from a witness identifying him in court because such testimony was tainted; and (4) the trial court erred when it excluded defense proof. After review, we affirm the judgment of the trial court.


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