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Posted by: Tanja Trezise on Mar 27, 2024

LARSEN, Circuit Judge. Jason Schwebke sued his employer, United Wholesale Mortgage (UWM), alleging disability discrimination under state and federal law. For seven months, UWM participated in extensive discovery—producing tens of thousands of pages of documents, taking and defending depositions, and issuing third-party subpoenas—without ever mentioning arbitration. Then, with discovery nearly complete, UWM moved to compel arbitration. The district court denied that motion because UWM implicitly waived its arbitration right. We AFFIRM.

Posted by: Tanja Trezise on Mar 27, 2024

A renal care company retained a broker to locate sites for new dialysis clinics. The company agreed to pay the broker a commission when leases were signed and “at the renewal or extension of said leases.” The company later negotiated amendments to the leases without the broker’s participation. The broker sued the company for breach of contract, alleging that he was due a commission on the lease amendments. The trial court determined that eight lease amendments were renewals or extensions of the original leases. And it entered a judgment against the company for the amount of the unpaid commissions. We conclude that the evidence preponderates against the court’s finding that two of the lease amendments were renewals or extensions. So we affirm the judgment as modified.

Posted by: Tanja Trezise on Mar 27, 2024

A taxpayer failed to pay property taxes for a number of years. The county began enforcement proceedings and, following the entry of a default judgment against the taxpayer, the taxpayer’s property was ultimately sold at a delinquent tax sale. The purchaser filed a writ of possession to obtain possession of the property from the taxpayer, at which time the taxpayer filed a motion to set aside the default judgment and resulting tax sale. The taxpayer alleged lack of notice concerning the underlying delinquent tax proceedings and violation of her due process and equal protection rights. The trial court denied the taxpayer’s motion to set aside, concluding the taxpayer was properly served with notice of the underlying delinquent tax proceedings. We affirm.

Posted by: Tanja Trezise on Mar 27, 2024

In this post-divorce case, the husband filed a petition for declaratory judgment on the issue of whether a provision of the parties’ marital dissolution agreement concerning military retirement was modifiable. The trial court dismissed the husband’s petition on the ground of failure to state a claim upon which relief may be granted and ruled that the provision at issue was not modifiable. While we find that the trial court erred in granting the wife’s motion to dismiss for failure to state a claim, we affirm the result reached by the trial court on the merits of the dispute. Further, we have determined that the wife was not entitled to an additional award of attorney fees at trial and is not entitled to her attorney fees on appeal.

Posted by: Tanja Trezise on Mar 27, 2024

Gary Porter (“Petitioner”) filed a petition in the Davidson County Chancery Court (the “chancery court”), wherein he requested that the chancery court award him certain pre-trial jail credits which he was already awarded toward a separate sentence that Petitioner previously served. The chancery court granted summary judgment in favor of Amber Phillips (“Phillips”), Director of Sentence Management Services for Tennessee Department of Correction (“TDOC”). Petitioner appeals the judgment of the chancery court. Having determined that Petitioner’s brief is not compliant with the relevant rules of briefing in this Court, we conclude that his issue purportedly raised on appeal is waived. The appeal is dismissed.

Posted by: Tanja Trezise on Mar 27, 2024

Caprice McLemore, Gary McLemore, Misty Tanner, Barrett Tanner, and McKinley Tanner (together, “Plaintiffs” or “Appellants”) appeal from the judgment of the trial court dismissing their case against the defendant, Knox County (“Appellee” or “the County”). Appellants were injured in a car accident on Clinton Highway after being struck by a vehicle driven by Roy Michael Simmons (“Mr. Simmons”), who was evading a Knox County sheriff’s deputy. Plaintiffs filed suit against the County, alleging that it was liable for their injuries arising from the accident. Following a bench trial, the trial court concluded that the deputy pursuing Mr. Simmons did not act unreasonably under the circumstances and that the County was thus not liable for Plaintiffs’ injuries. Plaintiffs timely appealed to this Court. Discerning no error, we affirm.

Posted by: Tanja Trezise on Mar 27, 2024

The Department of Children’s Services (“DCS”) removed two children from their parents’ custody in May of 2020. After a long period in which DCS did not hear from the children’s father, and the father made no progress on his permanency plan, DCS filed a petition to terminate the father’s parental rights. Following a bench trial, the Juvenile Court for Overton County (the “juvenile court”) found that DCS proved five statutory grounds for termination of the father’s parental rights by clear and convincing evidence. The juvenile court also found, by clear and convincing evidence, that termination of the father’s parental rights was in the children’s best interests. The father appeals and, discerning no error, we affirm.

Posted by: Stacey Shrader Joslin on Mar 27, 2024

The U.S. 6th Circuit Court of Appeals is seeking comments from the legal community and the public on the possible reappointment of U.S. Bankruptcy Judge Jennie D. Latta. Comments should be submitted by May 9 to Circuit Executive Marc Theriault, 503 Potter Stewart United States Courthouse, 100 East Fifth St., Cincinnati, OH 45202 or via email. Latta, who serves the Western District of Tennessee, is serving a 14-year term that will expire on March 5, 2025. Read the court’s official notice or contact the Office of the Circuit Executive at 513-564-7200 for more information.

Posted by: Jamie Rhode on Mar 27, 2024

Save the date! Real Estate Essentials, the TBA Real Estate Law Section's annual basics-level CLE, has been scheduled for Thursday, June 20. The program will take place virtually for ease of access and will offer three hours of general CLE credit. Don't forget that your section membership provides a discount on all Real Estate Law-sponsored CLE, so you'll definitely want to take advantage of those savings. Topics and other details will be announced soon, so keep an eye out for more information!

Posted by: Stacey Shrader Joslin on Mar 27, 2024

Shelby County Criminal Court Judge Melissa Boyd’s bond was revoked today following a hearing where prosecutors argued she violated a number of bond conditions. Prosecutors said she failed two recent drug tests — one on March 12 and one on March 15 — and did not report for two additional drug screens on March 23 and 25. They also told the judge that she failed to report to Shelby County pretrial services or make weekly call-ins with the department. The Daily Memphian reports that Boyd will remain incarcerated until her trial begins on April 24, unless she pleads guilty before then. Boyd had been out on a $5,000 bond since Dec. 13, 2023. In related news, state legislators will vote on April 4 on whether to remove Boyd from office. The Daily Memphian has that story as well.


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