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Posted by: Karen Belcher on Jul 23, 2018

McKEAGUE, Circuit Judge. Bradley Cardew—a wheelchair-bound individual with quadriplegia—landed a short-term, highly accommodated summer internship with Lear Corporation thanks to his cousin, a vice president at Lear. But as James Agate once quipped, “Every good deed brings its own punishment.” This aphorism surely resonated with Cardew, though with a twist: his cousin’s good deed wrought unintended punishment on Cardew. After the internship, an administrative law judge (ALJ) denied Cardew’s retroactive child disability benefits solely based on the income he received while at Lear.

Posted by: Karen Belcher on Jul 23, 2018

The defendant, Michael White, appeals the denial of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence imposed for his 2005 Marshall County Circuit Court jury convictions of rape. Discerning no error, we affirm the denial of relief.

Posted by: Karen Belcher on Jul 23, 2018

The Defendant, Mardoche Olivier, was convicted by a jury of one count of evading arrest while operating a motor vehicle, a Class E felony. On appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction, arguing that there was insufficient evidence that he “received any signal” from law enforcement “while operating a motor vehicle” to bring that vehicle to a stop or that he “intentionally fle[d] or attempt[ed] to elude” either officer. Following our review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Jul 23, 2018

This appeal involves a dispute between an insurance company and its insured regarding the application of exclusion clauses in a homeowners’ insurance policy and a personal umbrella liability policy. After malicious prosecution and abuse of process claims were filed against the insured in Alabama by a law firm, the insurance company accepted the defense under a reservation of rights and filed the present action seeking a declaration that it is not required to provide coverage for the damages complained of in the Alabama lawsuit.

Posted by: Karen Belcher on Jul 23, 2018

Plaintiff sued a defendant for filing an unauthorized financing statement. Defendant filed a motion to dismiss and later a motion to disqualify the judge, both of which were denied. The court also ordered Defendant to file an answer. When Defendant failed to comply, the court granted Plaintiff’s motion for a default judgment. Defendant’s husband intervened shortly thereafter, claiming that he filed the financing statement. Defendant’s husband likewise filed a motion to dismiss and a later motion to disqualify. The court denied both motions and ordered husband to file an answer.

Posted by: Karen Belcher on Jul 23, 2018
Posted by: Karen Belcher on Jul 20, 2018

CLAY, Circuit Judge. Plaintiffs Jeffrey Parchman (“Parchman”) and Nancy Carlin (“Carlin”), individually and on behalf of all others similarly situated, sued Defendants SLM Corporation (“SLM”), Navient Corporation (“Navient”), Navient Solutions Inc. f/k/a Sallie Mae, Inc. (“NSI”), and Sallie Mae Bank (“SMB”) for negligent and knowing/willful violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. Plaintiffs appeal from the judgment entered by the district court granting NSI’s motion to sever and to dismiss, and denying Plaintiffs’ motion to amend the complaint.

Posted by: Karen Belcher on Jul 20, 2018

CLAY, Circuit Judge. Plaintiffs Jeffrey Parchman (“Parchman”) and Nancy Carlin (“Carlin”), individually and on behalf of all others similarly situated, sued Defendants SLM Corporation (“SLM”), Navient Corporation (“Navient”), Navient Solutions Inc. f/k/a Sallie Mae, Inc. (“NSI”), and Sallie Mae Bank (“SMB”) for negligent and knowing/willful violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. Plaintiffs appeal from the judgment entered by the district court granting NSI’s motion to sever and to dismiss, and denying Plaintiffs’ motion to amend the complaint.

Posted by: Karen Belcher on Jul 20, 2018

CLAY, Circuit Judge. Plaintiffs Jeffrey Parchman (“Parchman”) and Nancy Carlin (“Carlin”), individually and on behalf of all others similarly situated, sued Defendants SLM Corporation (“SLM”), Navient Corporation (“Navient”), Navient Solutions Inc. f/k/a Sallie Mae, Inc. (“NSI”), and Sallie Mae Bank (“SMB”) for negligent and knowing/willful violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. Plaintiffs appeal from the judgment entered by the district court granting NSI’s motion to sever and to dismiss, and denying Plaintiffs’ motion to amend the complaint.

Posted by: Karen Belcher on Jul 20, 2018

A Montgomery County jury convicted the Petitioner, John R. Jackson, of two counts of facilitation of aggravated robbery, one count of aggravated burglary, one count of facilitation of theft of property valued over $500, and one count of aggravated sexual battery. The trial court imposed a total effective sentence of twenty years in the Tennessee Department of Correction. On appeal, this court affirmed the judgments and sentence. See State v. John R. Jackson, No. M2013-00696-CCA-R3-CD, 2014 WL 2039761 (Tenn. Crim. App., at Nashville, May 16, 2014), perm. app. denied (Tenn. Sept. 22, 2014).


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