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Posted by: Amelia Ferrell Knisely on Jan 8, 2016

The ABA Journal reports a New York lawyer required to review 13,000 documents will not receive overtime pay because a judge said the lawyer was using “legal judgment.” Federal and New York state law do not require overtime pay for licensed attorneys engaged in the practice of law. Attorney William Henig said he did not exercise legal judgment while reviewing the documents for about two months in 2012 while working as a temporary contract lawyer for Quinn Emanuel Urquhart & Sullivan. Henig was paid $35 an hour. (This story originally appeared in the The New York Law Journal, sub. req.)

Posted by: Amelia Ferrell Knisely on Jan 8, 2016

At least half a dozen Chattanooga-area current and former employees of Logan’s Roadhouse have joined a class-action lawsuit against the Nashville-based restaurant chain. The employees, along with more than 3,000 nationwide, say Logan’s stiffed them by having them spend more than 20 percent of their time doing non-tipped side work while clocked in as tipped employees. The employees say they were only paid $2.13 an hour and claim the company forced them to falsely report “phantom tips” to make it look like they were being paid the minimum wage of $7.25 an hour. Logan’s denies the lawsuit’s allegations, the Times Free Press reports

Posted by: Amelia Ferrell Knisely on Jan 8, 2016

Greene County General Sessions Judge Kenneth Bailey Jr. once again asked Greene County Commission's Budget and Finance Committee for a second judge in the county, The Greeneville Sun reports. Bailey said last year that General Sessions Court saw 22,548 cases, a dramatic increase from previous years. "We are the largest county in population with one Sessions judge, with one person doing what I do," Bailey said. He suggested the implementation of a $15 litigation tax increase to fund the salary of an additional judge.

Posted by: Amelia Ferrell Knisely on Jan 7, 2016

The defendant, James Dickerson, appeals his Montgomery County Circuit Court jury convictions of aggravated sexual battery and rape of a child, claiming that the evidence was insufficient to support his convictions and that the trial court erred by admitting certain evidence at trial. Discerning no error, we affirm the judgments of the trial court.

Posted by: Amelia Ferrell Knisely on Jan 7, 2016

The defendant, Jacob R. Mowery, appeals the revocation of his probation, asserting that there was insufficient evidence to support the revocation. After review, we affirm the judgment of the trial court revoking the defendant?s probation and ordering him to serve his original sentence in confinement.

Posted by: Amelia Ferrell Knisely on Jan 7, 2016

The Petitioner, Jeffrey S. Whitaker, appeals the Roane County Criminal Court?s dismissal of his second petition for post-conviction relief.

Posted by: Amelia Ferrell Knisely on Jan 7, 2016

An inmate sought a writ of certiorari challenging the decision of the prison disciplinary board, alleging both a violation of his due process rights and a violation of the Uniform Disciplinary Procedures. The trial court granted a motion for judgment on the pleadings based upon the Tennessee Supreme Court?s holding in Willis v. Tennessee Department of Correction, 113 S.W.3d 706 (Tenn. 2003).

Posted by: Amelia Ferrell Knisely on Jan 7, 2016

This appeal arises out of a divorce case. The husband asserts that the trial court erred in classifying, valuing, and distributing the parties’ marital property. Because the husband failed to comply with Rule 7 of the Rules of the Court of Appeals of Tennessee, we deem his issues regarding the marital property division to be waived. The trial court’s decision is accordingly affirmed.

Posted by: Amelia Ferrell Knisely on Jan 7, 2016

The Tennessee Supreme Court publicly censured Williamson County attorney Casey Coleman Truelove on Jan. 6. Truelove obtained the notary stamp of an associate attorney in her office, notarized a pleading and signed the associate’s name to the notarization without the associate’s authority. She filed the pleading and concluded the case before the misconduct was discovered. Read the BPR release.

Posted by: Amelia Ferrell Knisely on Jan 7, 2016

A judge has not issued a gag order in the case of an alleged assault of an Ooltewah High School freshman by three of his basketball teammates, according to a court official in Sevier County. The alleged incident took place while the team from the Hamilton County-based school was attending a tournament in Gatlinburg, located in Sevier County. Scott Bennett, the attorney for the Hamilton County Board of Education, said he advised the board in a private executive session not to discuss the case during the ongoing criminal investigations in both counties. Read more from the Times Free Press.


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