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Posted by: Amelia Ferrell Knisely on Dec 28, 2015

State Rep. Joe Armstrong announced publicly last week that he quietly "stepped down" from his minority leader pro tempore position in June, after being indicted that same month on federal fraud and tax evasion charges, the Associated Press reports. Armstrong, D-Knoxville, pleaded not guilty to the charges in connection to an increase in the state's cigarette tax. "At this point, the position is still open for me after I'm vindicated to come back," Armstrong said.

Posted by: Amelia Ferrell Knisely on Dec 23, 2015

Construction company bid on a state project that involved disposing of waste dirt from a construction site. Documents prepared by the Tennessee Department of Transportation (“TDOT”) identified nearby property that had a wet weather conveyance on it. The construction company made arrangements with the property owner to dump waste dirt on the neighboring property, and based on this anticipated cost, the construction company submitted a bid for the project.

Posted by: Amelia Ferrell Knisely on Dec 23, 2015

The Attorney General brought a judicial dissolution action against two nonprofit public benefit corporations. The main issue in this appeal is the scope of the Attorney General‘s authority to determine the use of the funds remaining after the dissolution of these two nonprofit corporations and the payment of all of their debts. Finding no abuse of discretion in the trial court‘s decision to reject the Attorney General‘s proposed plan for the distribution of the nonprofits‘ remaining funds, we affirm the trial court‘s decision.

Posted by: Amelia Ferrell Knisely on Dec 23, 2015

This is a premises liability case in which the plaintiffs filed suit against the defendant, alleging that Hilda Willis slipped and fell on the floor after entering the defendant’s dining establishment. The defendant filed a motion for summary judgment, asserting that the plaintiffs could not prove the cause of the fall or that its employees had notice of the dangerous condition prior to the fall. The trial court agreed and granted the motion for summary judgment. The plaintiffs appeal. We affirm.

Posted by: Amelia Ferrell Knisely on Dec 23, 2015

Marshall H. (“Father”) appeals the judgment of the Juvenile Court for Knox County (“the Trial Court”) terminating his parental rights to the minor children, Kyah H., Marshall C., and Jhazaria T. (collectively “the Children”), on the grounds of abandonment by wanton disregard pursuant to Tenn. Code Ann. §§ 36-1-113(g)(1) and 36-1-102(1)(A)(iv), and severe child abuse pursuant to Tenn. Code Ann. § 36-1-113(g)(4).

Posted by: Amelia Ferrell Knisely on Dec 23, 2015

Plaintiff filed a health care liability action on behalf of her deceased husband. Plaintiff provided pre-suit notice more than one year after the cause of action accrued and subsequently filed a complaint. Defendant filed a motion to dismiss based on the applicable one-year statute of limitations. Plaintiff argued that her husband had been “adjudicated incompetent” within the meaning of Tennessee Code Annotated Section 28- 1-106 and that the statute of limitations was accordingly tolled.

Posted by: Amelia Ferrell Knisely on Dec 23, 2015

Because the order appealed is not a final judgment, this Court lacks subject matter jurisdiction. Therefore, we dismiss this appeal.

Posted by: Amelia Ferrell Knisely on Dec 23, 2015

This is a healthcare liability action arising from the death of the decedent, Melinda Dolman. Appellants, daughters of the decedent, filed this action against Appellees, Timothy Donovan, M.D., Brixey Shelton, M.D., Memphis Vascular Center, Memphis Radiological, P.C., and Memphis LeBonheur Healthcare. Appellees moved to dismiss the action for failure to comply with the notice requirement of Tennessee Code Annotated section 29-26-121.

Posted by: Amelia Ferrell Knisely on Dec 23, 2015

Petitioner, Deangelo White, was convicted of two counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, one count of evading arrest, and one count of simple possession. He received an effective sentence of forty years. The convictions were affirmed on direct appeal. Petitioner sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief.

Posted by: Amelia Ferrell Knisely on Dec 23, 2015

A ruling Monday by U.S. District Judge Aleta Trauger upheld Tennessee's voter ID law prohibiting the use of student identification cards at the polls, The Tennessean reports. Judge Trauger granted the state’s request to dismiss the case brought by students in March. "Under the Tennessee Voter ID Law, everyone is required to obtain some form of acceptable photo identification in order to vote," Trauger wrote in the memo. "Students, like everyone else, can select among a state-issued driver license, a United States passport, or the free, state-issued non-driver identification card. … It does not automatically follow that not allowing them to use their student identification cards imposes a severe burden or otherwise abridges their right to vote."


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