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Posted by: Karen Belcher on Jan 8, 2020

In this probate proceeding, the trial court applied the no contest provision of the will to prevent the beneficiary from inheriting under the will, holding that certain actions and issues raised by the beneficiary triggered the provision. The court also imposed sanctions pursuant to Rule 11.03 of the Tennessee Rules of Civil Procedure against the disinherited beneficiary and her attorney for filing an improper lien on real property of the decedent and in refusing to remove the lien, thereby requiring the estate to seek judicial relief. The beneficiary and her attorney appeal the application of the no contest clause and the imposition of sanctions. Upon our review, we discern no error warranting reversal and accordingly, affirm the judgments of the trial court.

Posted by: Karen Belcher on Jan 8, 2020

Petitioner, Arnold Stevens, appeals the denial of his petition for post-conviction relief. On appeal, Petitioner argues that his guilty plea was unknowing and involuntary due to the ineffective assistance of counsel. Upon review, we affirm the judgment of the post- conviction court.

Posted by: Karen Belcher on Jan 8, 2020

Plaintiff filed a Tennessee Rule of Civil Procedure 69.04 motion to extend a 2008 default judgment entered against Defendant’s company and Defendant in his personal capacity. Defendant filed a Rule 60.02(3) motion to set aside the default judgment with respect to himself in his individual capacity, asserting the judgment was void for lack of service.

Posted by: Karen Belcher on Jan 8, 2020

Plaintiff filed a Tennessee Rule of Civil Procedure 69.04 motion to extend a 2008 default judgment entered against Defendant’s company and Defendant in his personal capacity. Defendant filed a Rule 60.02(3) motion to set aside the default judgment with respect to himself in his individual capacity, asserting the judgment was void for lack of service.

Posted by: Karen Belcher on Jan 8, 2020

In this parental termination case, the petitioners sought termination of the parental rights of mother and the unknown father based upon four statutory grounds, pursuant to Tenn. Code Ann. § 36-1-113(g)(2018). Following a hearing on the petition, the trial court entered an amended order holding that there was clear and convincing evidence sufficient to terminate the parents’ rights for abandonment based upon their failure to support and failure to visit the minor child. By the same quantum of proof, the court found that termination is in the child’s best interest.

Posted by: Karen Belcher on Jan 7, 2020

This is a termination of parental rights case. Mother/Appellant appeals the trial court’s termination of her parental rights to the minor child on the grounds of: (1) abandonment by willful failure to visit and abandonment by failure to provide a suitable home, Tenn. Code Ann. § 36-1-113(g)(1), §§ 36-1-102(1)(A)(i) (ii); (2) persistence of the conditions that led to the child’s removal, Tenn. Code Ann. § 36-1-113(g)(3); (3) failure to substantially comply with the reasonable requirements of the permanency plan, Tenn. Code Ann.

Posted by: Karen Belcher on Jan 7, 2020

NALBANDIAN, Circuit Judge. As our sister circuit put it, an “employer may fire an employee for a good reason, a bad reason, a reason based on erroneous facts, or for no reason at all, as long as its action is not for a discriminatory reason.” Nix v. WLCY Radio/Rahall Commc’ns, 738 F.2d 1181, 1187 (11th Cir. 1984). The ADEA only prevents employers from terminating an employee “because of such individual’s age.” 29 U.S.C. § 623(a)(1). Cynthia Miles was unhappy with her at-will termination, so she filed this ADEA claim.

Posted by: Karen Belcher on Jan 7, 2020

NALBANDIAN, J., delivered the opinion of the court in which COLE, C.J., and WHITE, J., joined, except as to the issues discussed in Sections IV.D, IV.G, and IV.I of his opinion. WHITE, J. (pp. 30–37), delivered the opinion of the court as to those issues, in which COLE, C.J., joined. Judge Nalbandian’s discussion of those issues represents his dissent.

Posted by: Karen Belcher on Jan 7, 2020

CHAD A. READLER, Circuit Judge. Playing football is not for the fainthearted. During games, players risk physical injury in the name of beating an opponent. Even at practice, players put their physical wellbeing at risk to compete for starting positions and to gain an edge for an upcoming game.

Posted by: Karen Belcher on Jan 7, 2020

NALBANDIAN, Circuit Judge. A jury convicted Dr. Anis Chalhoub on one count of defrauding health care benefit programs under 18 U.S.C. § 1347. A cardiologist, Chalhoub implanted permanent pacemakers in patients who—it turned out—did not need the devices or the slew of tests that he ordered before and after surgery. On appeal, Chalhoub does not challenge the legal sufficiency of the evidence supporting the jury’s verdict. Rather, he alleges that the district court repeatedly admitted evidence unduly prejudicial to him—and to which he could not effectively respond.


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