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Posted by: Brittany Sims on Nov 18, 2014

This case involves an agreement between a distributor of medical tests and a healthcare consultant. The agreement provided that the consultant would earn a commission on sales of the medical test that he solicited on behalf of the distributor. After several months, the distributor terminated the agreement. The consultant filed a lawsuit against the distributor.

Posted by: Brittany Sims on Nov 18, 2014

This appeal arises from a decision by the Juvenile Court for White County terminating Mother’s parental rights to her son. Child was placed into emergency custody by the Tennessee Department of Children’s Services (“DCS” or “the Department”), pursuant to Tenn. Code Ann. § 37-1-113, when he was two months old after law enforcement officials found a methamphetamine lab in the living room of Mother’s apartment while Child and Father were present. The juvenile court issued a protective custody order and appointed a guardian ad litem for Child.

Posted by: Brittany Sims on Nov 18, 2014

A shareholder in a closely-held family business brought this action pursuant to Tenn. Code Ann. § 48-26-102(b) to inspect the company’s accounting records. The trial court determined that the shareholder’s request was made in good faith and for a proper purpose. On appeal, the defendants assert that the trial court erred in finding that the shareholder’s request was made in good faith and in awarding him his attorney fees and the expenses he incurred in hiring a forensic accountant.

Posted by: Brittany Sims on Nov 18, 2014

The employee sustained a compensable shoulder injury when she fell from a ladder while removing Christmas decorations. The trial court determined that the employee had sustained a 7% anatomical impairment, awarded her 21% permanent partial disability (“PPD”) benefits, and denied her claim for temporary disability benefits. The employer has appealed, asserting that the trial court erred by awarding benefits in excess of one and one-half times the anatomical impairment. The employee contends that the trial court erred by denying her temporary disability claim.

Posted by: Brittany Sims on Nov 18, 2014

This appeal arises from the trial court’s dismissal of Appellant Brandon Hicks’ (“Husband”) petition to terminate his alimony obligation. After his ex-wife, Appellee Barbara Hicks Vick (“Wife”), remarried, Husband petitioned the trial court for relief under Tennessee Code Annotated § 36-5-121(g)(2)(C). Wife moved to dismiss Husband’s petition, arguing that the parties’ marital dissolution agreement (“MDA”) contained a non-modification clause with respect to Husband’s alimony obligation. The trial court granted Wife’s motion, and Husband filed a timely appeal to this Court. We affirm.

Posted by: Brittany Sims on Nov 18, 2014

The trial court terminated Mother’s parental rights on the grounds of abandonment by an incarcerated parent and severe child abuse, and found that termination of Mother’s rights was in the child’s best interest. We affirm.

Posted by: Brittany Sims on Nov 18, 2014

In this construction contract dispute, the trial court granted summary judgment in favor of the defendant general contractor as to all of the plaintiff subcontractor’s tort claims. The parties proceeded to trial on the remaining issues and judgment was awarded in favor of the subcontractor. Both parties raise numerous issues on appeal. Because we conclude that the trial court applied an improper standard in granting summary judgment, we vacate the order of summary judgment in favor of the general contractor.

Posted by: Brittany Sims on Nov 14, 2014

State Rep. Mike Turner, D-Old Hickory, may have an interest in leading the Tennessee Democratic Party. The Nashville Scene has obtained an email from Andrew Daly, an assistant for the party's Bill Freeman-led Chair Vetting Committee, that informs committee members about a few people who have withdrawn their names from consideration and notes Turner's interest.

Posted by: Brittany Sims on Nov 14, 2014

Republican dominance of the Tennessee General Assembly may be seen as another step in legislative assertiveness, Tom Humphreys writes in Knoxnews. Following the Nov. 7 election, the GOP supermajority in the 99-member House rose from 71 to 73 seats, leaving Democrats with just 26 slots. In the Senate, the GOP gained two seats and now holds 28 of 33, the Democrats just five. Republican fortunes have been steadily on the upswing since 2005, when the GOP took a majority in the Senate. One party has not had such lopsided legislative majorities since 1959. 

Posted by: Brittany Sims on Nov 14, 2014

Criminal Court Judge Rebecca Stern today said she is strongly considering retiring next year, the Chattanoogan reports. She has a second home in Puerto Rico and plans to move there. Judge Stern, who recently won a new eight-year term without opposition, said she will make an official announcement by Feb. 1.


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