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Posted by: Tanja Trezise on Jan 27, 2015

This appeal presents two issues for review: 1) whether a person asserting a health care liability claim must give written notice of the claim to all potential health care defendants before re-filing a complaint, or whether notice given before filing the first complaint is sufficient notice for a subsequently filed complaint against the same defendants; and 2) if pre-suit notice is required for each complaint, whether the sanction for noncompliance is a dismissal with or without prejudice.

Posted by: Tanja Trezise on Jan 27, 2015

The plaintiff, an Emergency Medical Technician, alleged that he suffered a heart attack as a result of his employment. He relied on the presumption created by Tennessee Code Annotated section 7-51-201(b) and also testimony of his treating physician. His Employer presented testimony from an evaluating physician that the Employee did not sustain a heart attack and that his coronary artery disease was not related to his employment. The trial court found that the statutory presumption had been rebutted and that the Employee had failed to carry his burden of proof. The Employee has appealed.

Posted by: Tanja Trezise on Jan 27, 2015

A Rutherford County Circuit Court Jury convicted the appellant, Nicholas Keith Phillips, of two counts of rape of a child, a Class A felony, and two counts of aggravated sexual battery, a Class B felony. After a sentencing hearing, he received an effective forty-year sentence to be served at 100%. On appeal, the appellant contends that the evidence is insufficient to support the convictions and that his dual convictions for the offenses violate principles of double jeopardy.

Posted by: Tanja Trezise on Jan 27, 2015

Petitioner, David Lee Leggs, appeals the denial of his petition for post-conviction relief. He claims that he received ineffective assistance of counsel during trial and on appeal. After thorough review, we affirm the decision of the post-conviction court.

Posted by: Tanja Trezise on Jan 27, 2015

The defendant, Don Arturo Hyler, was convicted of the sale of 26 grams or more of cocaine and possession of 300 grams or more of cocaine with intent to sell in a drug-free school zone and received a total effective sentence of fifteen years at 100%.

Posted by: Tanja Trezise on Jan 27, 2015

In this post-divorce appeal, the husband seeks reversal of the trial court’s classification of a certificate of deposit as marital property and the grant of alimony. We affirm the decision of the trial court.

Posted by: Tanja Trezise on Jan 27, 2015

This appeal concerns an allegation of child sexual abuse against a parent. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Knox County (“the Juvenile Court”) against Alan O. (“Father”) alleging that he had sexually abused his then three year old daughter Emmalee O. (“the Child”). The Child had disclosed that Father had “poked” and “rubbed” her vagina. For his part, Father asserted that he touched the Child’s vaginal area only as part of his normal parenting duties, and that he never touched her in an inappropriate manner.

Posted by: Tanja Trezise on Jan 27, 2015

Two South Carolina insurance companies challenged their Tennessee retaliatory tax assessments. The Tennessee Claims Commission held that the Department of Commerce and Insurance did not calculate the South Carolina tax burden correctly because it did not include reimbursements received by the insurance companies from South Carolina’s Second Injury Fund. The Commission also denied the Department’s motion to strike portions of an affidavit. The Department appealed.

Posted by: Tanja Trezise on Jan 27, 2015

This is an action by a prospective member of a start-up limited liability company for breach of contract, unjust enrichment, promissory estoppel, and breach of fiduciary duty and fair dealing against the company and its managing member. Plaintiff claims to have an enforceable agreement to acquire a five percent interest in the limited liability company in consideration for her intangible capital contributions, that being her sweat equity rendered during the formative phase of the company.

Posted by: Tanja Trezise on Jan 26, 2015

The sole issue presented in this workers’ compensation appeal is whether the trial court correctly found that the employee did not have a meaningful return to work. The employee, a Head Start teacher, sustained a compensable back injury. She continued to work for about a year but then was not rehired because she had failed to meet a federal education mandate. The trial court found that she had not made a meaningful return to work and awarded benefits in excess of one and one half times the anatomical impairment. Tenn. Code. Ann. § 50-6-241(d).


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