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Judge Rules $6 Million Hardin Valley Defamation Lawsuit May Proceed

Posted by: Katharine Heriges on Sep 22, 2017
A Knox County Circuit Court judge has allowed a $6 million defamation suit against the mother of a Hardin Valley baseball player to proceed, the Knoxville News Sentinel reports. The suit was filed by the baseball team’s coaches, who were subject to allegations of abuse by mother Sheri Super. Super publicly accused the coaches of abusing players by hitting them with balls during practice drills. The complaint was investigated and closed without any charges. Judge Bill Ailor ruled in favor of coaches Joe Michalski and Zach Luther, who are seeking $3 million each.

Rutherford County Settles Probation Lawsuit for $14.3 Million

Posted by: Katharine Heriges on Sep 22, 2017
Rutherford County and Providence Community Corrections (PCC) have settled a class action lawsuit over probation practices for $14.3 million, The Murfreesboro Post reports. The settlement compensates nearly 30,000 class action members for fees the company allegedly extorted from people on probation. Under the settlement, which must be approved in federal court, PCC is paying $14 million and the county will contribute $300,000.

CLE Court Square 2017 in Jackson

Posted by: Katharine Heriges on Sep 22, 2017

On Oct. 24, this year’s Court Square CLE in Jackson will be held at the Chamber of Commerce. Chuck Holliday will address why you should be videotaping depositions in “small” cases and the technical tips you need to do it. Judge Allen Phillips and Judge Amber Luttrell will participate in a panel discussion, offering trial practice tips before the Court of Workers’ Compensation Claims. Finally, Marty Phillips will discuss appellate advocacy.

Second Mistrial Declared in Case of Murdered Pregnant Woman

Posted by: Katharine Heriges on Sep 22, 2017
For the second time, a judge declared a mistrial in the case of Norman Eugene Clark, accused of killing his girlfriend and their unborn son, the Knoxville News Sentinel reports. Criminal Court Judge Steven Sword set an Oct. 20 status hearing to determine whether the state will try Clark for a third time, after the second trial’s jury deadlocked on all counts. Victim Brittany Eldridge was killed inside her bedroom in 2011. The defense argues evidence against Clark is circumstantial.

Supreme Court Clarifies Law in Church Property Dispute

Posted by: Katharine Heriges on Sep 21, 2017
The Tennessee Supreme Court has ruled in a case between the Fayette County Temple Church of God in Christ and its parent denomination, the Church of God in Christ, Inc., (COGIC), headquartered in Memphis. The case culminated in a dispute about the ownership and control of the church property after some members of the church barred the assigned pastor from entering the building or administering the church.  A trial court dismissed the suit, as did the Court of Appeals in Jackson. The Tennessee Supreme Court granted COGIC permission to appeal and overruled  the lower courts, explaining that state courts can and should resolve genuine church property disputes, so long as courts defer to religious organizations on disputes about church discipline, faith, ecclesiastical rule, custom, law, church polity or the internal governance of the religious organization. In this case, the Court held that COGIC was the rightful owner of the Fayette County church’s property based on COGIC’s own governing documents and the fact that the Fayette County church voluntarily agreed to be bound by those documents.

TSC Holds Roane County May Determine Challenge to Candidate Residency Qualifications

Posted by: Katharine Heriges on Sep 21, 2017
The Tennessee Supreme Court has rejected an unsuccessful judicial candidate’s claim that the Roane County Election Commission had no authority under Tennessee law to decide a pre-election challenge to the successful candidate’s residency qualifications to run for office. The Court affirmed the Court of Appeals' dismissal, holding that the unsuccessful candidate’s original suit was filed after the time limit for appeal of an administrative decision. Justice Cornelia Clark and Justice Sharon Lee both filed dissenting opinions to the decision.

Family Sues CoreCivic for Daughter's Death at Chattanooga Facility

Posted by: Katharine Heriges on Sep 21, 2017
The Nashville Scene this week profiled the story of Madison Bailee Deal, a 26-year-old who died last year at Silverdale Detention Facility in Chattanooga after being jailed for a probation violation. While imprisoned, she complained of experiencing dehydration and respiratory problems and died two days later. Deal’s parents filed a federal wrongful-death lawsuit against CoreCivic, which operates the facility, alleging their daughter was denied reasonable medical treatment for serious medical conditions. Correct Care Solutions, Hamilton County and several staffers are also named as defendants.

AOC Director Tate Named to National Opioid Task Force

Posted by: Katharine Heriges on Sep 21, 2017

Tennessee Administrative Office of the Courts (AOC) Director Deborah Taylor Tate and Indiana Chief Justice Loretta H. Rush were appointed co-chairs of the newly created Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) National Opioid Task Force. The Task Force will find solutions, examine current efforts and make recommendations to address the opioid epidemic’s ongoing impact on the justice system. "We hope Tennessee — through Director Tate’s strong leadership and background in mental health — can play a pivotal role in national solutions," said Marie Williams, Commissioner of Tennessee Mental Health and Substance Abuse Services.

Four Pilot Executives Plead Guilty to Fraud

Posted by: Katharine Heriges on Sep 21, 2017
Four more former Pilot Flying J executives pleaded guilty to federal charges of bilking trucking customers on diesel rebates, The Tennessean reports. Today former vice president of sales John “Stick” Freeman, regional sales manager John Spiewak, director of inside sales Vickie Borden and regional sales representative Katy Bibee pleaded guilty to the fraud scheme. The plea agreements hold out the possibility of each testifying at the October trial of Pilot's former president, Mark Hazelwood, and three others.

CLE Court Square 2017 Comes to Clarksville

Posted by: Katharine Heriges on Sep 21, 2017

On Oct. 18, this year’s Court Square will be held at the Customs House Museum in Clarksville. Featured speaker Tim Takacs is an elder law expert and will provide attendees with information about succession planning for lawyers at all career stages.

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