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Posted by: Karen Belcher on Mar 8, 2021

THAPAR, Circuit Judge. When a district court provides two alternative grounds for its decision, the losing party must challenge each ground on appeal to change the outcome. The Stewarts did not follow this cardinal rule, so we must affirm.

Posted by: Karen Belcher on Mar 8, 2021

SUTTON, Circuit Judge. At issue in this case is the reliability of a form of DNA-sorting evidence under Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

Posted by: Karen Belcher on Mar 8, 2021

RONALD LEE GILMAN, Circuit Judge. This is a putative class action brought by the Sevier County Schools Federal Credit Union and other account holders (the Plaintiffs) against the Branch Banking & Trust Company (BB&T). The Plaintiffs allege that BB&T failed to honor a commitment made by one of its predecessors, the First National Bank of Gatlinburg (FNB), promising that the annual interest rate on certain high-interest Money Market Investment Accounts was guaranteed to “never fall below 6.50%.”

The Plaintiffs might well prevail on the merits of their dispute with BB&T because, on the surface at least, the bank is trying to wriggle out of a commitment made years ago to these Plaintiffs by FNB. But the issue presently before us is not the merits of this dispute; instead, we must decide whether the merits should be resolved by a court or by an arbitrator. This is because BB&T’s Bank Services Agreement (BSA) specifies that all disputes between the parties “shall be determined by arbitration.”

BB&T moved to dismiss the complaint and to compel arbitration, which the district court granted. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion.

Posted by: Karen Belcher on Mar 8, 2021

The defendant, Regina Jackson, appeals her Cheatham County Circuit Court jury conviction of second offense driving under the influence (“DUI”), arguing that the trial court erred by denying her motion to dismiss for lack of probable cause and by denying her a new trial based on newly discovered evidence. Discerning no error, we affirm.

Posted by: Karen Belcher on Mar 8, 2021

PHI Air Medical brought suit based on unjust enrichment and action on sworn account against Corizon for air ambulance services it provided without a contract after Corizon paid only a portion of the billed amount, citing its practice of paying according to statutory caps and Medicare rates. The trial court granted summary judgment, finding that the preemption clause of the Airline Deregulation Act, 49 U.S.C. § 41713, which provides that a state “may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation,” preempts PHI’s claims. We affirm the trial court’s finding that PHI’s claims are preempted and that summary judgment was proper. We reverse the trial court’s grant of PHI’s voluntary nonsuit of a claim that PHI did not plead.

Posted by: Karen Belcher on Mar 4, 2021

COOK, Circuit Judge. Plaintiff Nicole Swiger and defendant Kenneth Rees disagree on whether they must arbitrate their dispute over an allegedly predatory loan. Because Swiger’s arbitration agreement includes an unchallenged provision delegating that question to an arbitrator, the district court exceeded its authority when it undertook that task and found the agreement unenforceable. We REVERSE and REMAND with instructions to stay the case pending arbitration.

Posted by: Karen Belcher on Mar 4, 2021

The petitioner, Terrell B. Johnson, appeals the denial of his post-conviction petition arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. Following our review, we affirm the post-conviction court’s denial of the petition.

Posted by: Karen Belcher on Mar 4, 2021

This appeal involves a fraud claim filed against an attorney by his former client. The attorney conceded that the client had been double-billed for some charges and repaid the client for those matters prior to trial. However, the client, now pro se, continued to pursue his claim for fraudulent billing, insisting that fraud extended to the entire invoice. He also claimed that the attorney had charged a higher hourly rate than agreed. After a bench trial, the trial court found that the client failed to demonstrate that the attorney intentionally misrepresented the amounts owed by the client and failed to present sufficient evidence of fraud. As such, the trial court dismissed the claim and granted the attorney’s request for discretionary costs. The client appeals. We affirm in part, reverse in part, and remand for further proceedings.

Posted by: Karen Belcher on Mar 4, 2021

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: Karen Belcher on Mar 4, 2021

A mother appeals the juvenile court’s decision to terminate her parental rights based on four statutory grounds. She also challenges the juvenile court’s finding by clear and convincing evidence that termination of her parental rights was in the best interest of the children. We affirm the juvenile court’s termination of the mother’s parental rights.


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