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Posted by: Amelia Ferrell Knisely on Mar 9, 2016

In this interlocutory appeal, the employee alleges injuries to her neck, back, and feet stemming from her job duties in a warehouse. After first being advised by the employer to seek medical care on her own, the employee was later provided a panel of physicians. The employer denied the claim after unknown personnel at a panel-chosen facility checked a box on a form indicating the employee’s injuries were not work-related. The trial court ruled that the employee was likely to succeed on the merits of her claim and ordered medical benefits.

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

The Defendant, Bobby Lynch, was convicted by a Knox County Criminal Court jury of third offense simple possession or casual exchange of a controlled substance, a Class E felony. See T.C.A. § 39-17-418 (2010) (amended 2014). The trial court sentenced the Defendant as a career offender to six years? confinement. On appeal, the Defendant contends that the trial court erred by denying him alternative sentencing. We affirm the judgment of the trial court.

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

Defendant, Branden Michael Toth, appeals after a jury found him guilty of one count of theft of property valued at $60,000 or more and five counts of theft of property valued at $10,000 or more. Defendant was sentenced to an effective sentence of twelve years in incarceration. On appeal, Defendant challenges the trial court‘s failure to charge lesser- included offenses, the trial court‘s handwritten notations on the verdict forms, the trial court‘s failure to dismiss Count 4 of the indictment, the sufficiency of the evidence, and his sentence.

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

The Tennessee Local Government Forum 2016 will be held March 18 from 9 a.m. – 3:15 p.m. at the Tennessee Bar Center in Nashville. Topics include the Tennessee Open Records Act, recent changes in laws related to whistle blower protection and ethical considerations for government lawyers. The forum is approved for five CLE credits.

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

Nearly 250 corporate lawyers sent a letter today to President Barack Obama and U.S. Senators urging the president to fill the U.S. Supreme Court vacancy. “…Nearly one third of all presidents have nominated a justice in an election year who was eventually confirmed,” the letter said. Read more from the ABA Journal.

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

A legal analyst told WSMV that the $55 million in damages awarded earlier this week to TV personality Erin Andrews is “unusually high.” From 2014 to 2015, the average monetary award for cases in Tennessee was $404,323. A juror described the trial's nine-days as an “emotional rollercoaster,” and said to The Tennessean that the seven-hour deliberation was “intense” and “heated.” Andrews sought $75 million after secretly being filmed nude in a Nashville hotel.

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

Gov. Bill Haslam said his plan to outsource management and operation of all state-owned buildings and real estate will save the state $35.8 million a year. The Times Free Press reports that the figure includes state property and protection for all existing state jobs. Haslam also told the state legislature and the public that $10.6 million of the amount is projected for University of Tennessee's statewide campuses, with current employees protected. The plan has drawn criticism from lawmakers and UT employees.

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

The Administrative Office of the Courts is seeking to employ a Pro Bono Coordinator to work with the Access to Justice Commission. The main job duties will be to cultivate, monitor and follow-up with new pro bono initiatives. Tasks include staffing select Commission Advisory Committees and Commission initiatives, planning and executing meetings, and conducting outreach to facilitate pro bono resources. A law degree is required, but applicants who are in their final year of law school may also be considered for the one-year grant-funded position, ending June 30, 2017.

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

This action concerns the decedent’s purchase of several investment products from the defendants. Following the decedent’s death, his daughter filed suit, alleging violations of the Tennessee Consumer Protection Act, codified at 47-18-101, et. seq., breach of contract, promissory fraud, negligent misrepresentation, and breach of fiduciary duty. The defendants sought summary judgment.

Posted by: Amelia Ferrell Knisely on Mar 9, 2016

This appeal concerns a mother’s petition to set aside an order terminating her parental rights and permitting the adoption of her minor children. The mother alleged that the order is void for lack of personal jurisdiction because service of process was ineffective. The trial court denied the petition. The mother appeals. We hold that the order is void for lack of personal jurisdiction. We reverse the judgment of the trial court and remand this case for further hearing to determine whether exceptional circumstances justify the denial of relief in accordance with Turner v.


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