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Posted by: Tanja Trezise on Dec 18, 2020

Darius M. (“Father M.”) and Denzel W. (“Father W.”) appeal the juvenile court’s decision to terminate their parental rights. They also challenge the juvenile court’s finding by clear and convincing evidence that termination of their parental rights was in the best interest of the children. Because the juvenile court erred in allowing Father W.’s attorney to withdraw from representation on the first day of trial, we vacate the court’s termination of his parental rights on all grounds and remand for a new trial. We affirm the juvenile court’s termination of Father M.’s parental rights.

Posted by: Tanja Trezise on Dec 18, 2020

A jury found the mother of an adult child liable for negligent entrustment after the adult child injured a jogger while driving his truck. The mother moved for a directed verdict at the close of the plaintiff’s proof, which the court denied. After the jury returned verdicts for the plaintiffs, the mother failed to file a post-trial motion seeking a new trial. On appeal, we conclude that the mother waived her right to contest the trial court’s denial of her motion for a directed verdict by failing to file a motion asking for a new trial as required by Tenn. R. App. P. 3(e).

Posted by: Tanja Trezise on Dec 18, 2020

This case involves a petition to terminate parental rights. After a trial on the petition, the trial court terminated the parental rights of the biological parents. In its written order, the trial court failed to make the necessary findings of fact and conclusions of law in accordance with Tennessee Code Annotated section 36-1-113(k). For the reasons stated herein, we vacate the trial court’s order and remand with instructions for the trial court to make appropriate findings of fact and conclusions of law in accordance with Tennessee Code Annotated section 36-1-113.

Posted by: Tanja Trezise on Dec 17, 2020

COLE, Chief Judge. Plaintiffs Joy Eberline, Tracy Poxson, and Cindy Zimmermann are former cosmetology school students who sued defendants Douglas J. Holdings, Inc., Douglas J AIC, Inc., Douglas J. Exchange, Inc., Douglas J. Institute, Inc., Scott Weaver, and T.J. Weaver (collectively, “Douglas J”), the operators of the Michigan cosmetology schools that the plaintiffs previously attended. The plaintiffs claim that Douglas J owes them compensation under the Fair Labor Standards Act (“FLSA”) for work performed during their time in school. The district court granted summary judgment to the plaintiffs on a subset of their claims, holding as a matter of law that the plaintiffs were owed compensation under the FLSA for certain cleaning and janitorial work they were required to complete during their time as students at Douglas J.

We determine that the district court properly focused its partial summary judgment analysis on the specific work for which plaintiffs seek compensation, rather than on the entirety of the vocational training program in which plaintiffs participated. It failed, however, to correctly apply our decision in Solis v. Laurelbrook Sanitarium & School, Inc., which governs FLSA claims in an educational setting. See 642 F.3d 518, 529 (6th Cir. 2011). We therefore reverse the district court’s order granting summary judgment to the plaintiffs and remand for proper application of Laurelbrook to the work at issue.

Posted by: Tanja Trezise on Dec 17, 2020

In this multiple indictment case, the Defendant, Matthew Norris, pleaded guilty to one count of burglary and two counts of theft over $2,500, in exchange for a total effective sentence of eight years. The parties agreed to allow the trial court to determine the manner of service of the sentence. After a hearing, the trial court ordered that the Defendant serve his sentence in confinement. On appeal, the Defendant contends that the trial court erred when it denied his request for judicial diversion and his request for an alternative sentence. After review, we affirm the trial court’s judgments.

Posted by: Tanja Trezise on Dec 17, 2020

Petitioner, Shantonio Lovett Hunter, was indicted for six counts of aggravated child abuse, one count of aggravated child neglect, and two counts of felony murder. Pursuant to a negotiated plea agreement, Petitioner entered a guilty plea to second degree murder in exchange for a sentence of 28 years. Petitioner subsequently filed a petition seeking post-conviction relief, alleging that her trial counsel was ineffective and her plea was involuntarily and unknowingly entered. Following an evidentiary hearing, the postconviction court denied relief. Petitioner has appealed, and having reviewed the entire record, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Dec 17, 2020

This is a Tennessee Governmental Tort Liability action for personal injuries resulting from a trip and fall on the premises of a public school that was owned and operated by Maryville City Schools. The complaint alleged, in pertinent part, that the plaintiff tripped and fell near the entrance to the Maryville High School on a section of the school’s sidewalk that was deteriorated, the condition of which the defendant knew or should have known. The defendant filed a motion to dismiss the complaint pursuant to Tenn. R. Civ. P. 12.02(6) for failure to state a claim upon which relief could be granted, arguing it was “immune from suit pursuant to the public duty doctrine.” Finding the public duty doctrine applied and the defendant was immune, the trial court dismissed the complaint. This appeal followed. We have determined that the facts alleged in the complaint do not pertain to or give rise to a defense based on the public duty doctrine. Further, accepting the plaintiffs’ factual allegations as true—as we are required to do at this stage in the proceedings—we have determined that the complaint alleged sufficient facts to survive a Rule 12.02(6) motion to dismiss for failure to state a claim. Accordingly, the judgment of the trial court is vacated, and this matter is remanded for further proceedings consistent with this opinion.

Posted by: Tanja Trezise on Dec 17, 2020

A Tennessee Supreme Court Rule 10B petition for recusal appeal was filed in this Court following the denial of a motion that sought the disqualification of the trial court judge. For the reasons stated herein, we affirm the trial court’s denial of the motion.

Posted by: Tanja Trezise on Dec 17, 2020

Declaring that the sale and distribution of illegal drugs affects every community in the country, the Tennessee Legislature enacted the Tennessee Drug Dealer Liability Act, Tennessee Code Annotated sections 29-38-101 to -116. This Act provides a cause of action against a knowing participant in the illegal drug market for injuries caused by illegal drug use. In response to the opioid epidemic in East Tennessee, seven District Attorneys General and two Baby Doe plaintiffs sued several drug companies under the Act. The District Attorneys and the Baby Doe plaintiffs alleged that the drug companies knowingly participated in the illegal drug market by intentionally flooding East Tennessee communities with prescription opioid medications, leading to widespread addiction and diversion of the opioids into the black market. The District Attorneys claimed that the opioid epidemic had damaged the communities in their districts, and the Baby Doe plaintiffs alleged that they were harmed by exposure to opioids in utero. The drug companies moved to dismiss the lawsuit on the pleadings. Their two-fold challenge asserted that the Act did not authorize the District Attorneys to sue for damages and that the Act did not apply to the drug companies’ conduct. The trial court ruled that the Act did not apply and dismissed the case. The Court of Appeals reversed. The issues we decide are whether the District Attorneys had statutory standing to sue under the Act and whether the Act applies to the drug companies based on factual allegations in the complaint that the drug companies knowingly participated in the illegal drug market. We hold that the District Attorneys lack standing because the Act does not name them as parties who can sue under the Act. This leaves the Baby Doe plaintiffs, who alleged facts showing that the drug companies knowingly participated in the illegal drug market by facilitating the marketing or distribution of opioids. Taking these factual allegations as true, as required at this stage of the case, we hold that the Baby Doe plaintiffs have stated a claim against the drug companies under the Act.

Posted by: Tanja Trezise on Dec 16, 2020

GRIFFIN, Circuit Judge. Petitioner Darius Theriot appeals the district court’s judgment that denied his petition for a writ of habeas corpus, which he filed pursuant to 28 U.S.C. § 2254. He brings two right-to-present-a-defense claims and one right-to-confrontation claim. Unlike the district court, we do not reach the merits of his claims. Instead, we hold that Theriot procedurally defaulted his claims and that he has not persuaded us that we should excuse his default. Accordingly, we affirm the district court’s judgment.


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