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Posted by: Karen Belcher on Mar 7, 2024

This appeal concerns a landlord/tenant dispute. Tricap Cross Creek Associates, LLC (“Plaintiff”), the landlord, filed a detainer action against Gabriel Corzo (“Defendant”), the tenant, in the General Sessions Court for Hamilton County. Judgment was entered for Plaintiff. Defendant appealed to the Circuit Court for Hamilton County (“the Trial Court”). Plaintiff filed a motion for summary judgment, which the Trial Court granted. Defendant appeals, arguing that genuine issues of material fact exist. Plaintiff asks, pursuant to the lease, for an award of attorney’s fees and costs incurred on appeal. As Defendant never responded to Plaintiff’s statement of undisputed material facts, he failed to show a genuine issue of material fact existed. We affirm. On remand, the Trial Court is to determine and award to Plaintiff its reasonable attorney’s fees and costs incurred on appeal.

Posted by: Karen Belcher on Mar 7, 2024

In this case, the employee asserted he injured his low back while employed by one of the defendant-employers in 2020, then injured his low back and right hip while employed by the second defendant-employer in 2022. The employee filed a petition against each employer, asserting a separate accident as to each employer resulting in distinct injuries. Upon motion by the earlier employer, the trial court entered an order consolidating the two actions pursuant to Rule 42.01 of the Tennessee Rules of Civil Procedure. Thereafter, the trial court conducted an interlocutory hearing of the consolidated actions, at which it admitted and considered evidence submitted by the previous employer in both actions over the objection of counsel for the later employer. Following the interlocutory hearing of the consolidated cases, the court awarded the employee medical and temporary disability benefits against the later employer based, in part, on expert medical evidence that had been introduced by the earlier employer. The later employer has appealed, arguing the court’s consideration of evidence filed by the earlier employer in the action against it effectively relieved the employee of his evidentiary burden to prove an entitlement to workers’ compensation benefits. Having thoroughly considered the claims, we vacate the trial court’s order and remand the matter for further proceedings consistent with this opinion.

Posted by: Paul Burch on Mar 7, 2024

Join the Tennessee Lawyers Assistance Program (TLAP) on March 12 from noon to 2 p.m. CDT for QPR Gatekeeper Training, a free educational training program on suicide prevention. The event will take place in person in the Nashville office of Sherrard Roe Voit & Harbison, 150 3rd Ave S. #1100, Nashville 37201. "Question, Persuade and Refer" (QPR) is designed so that anyone can learn to help save a life from suicide. Those trained in QPR know how to recognize the warning signs of a suicide crisis and how to offer help. Speakers include Lauren Castor, clinical case manager for TLAP and Erin Lynch, a member of the TLAP's Professional Clinical Team. Learn more and register.

Posted by: Stacey Shrader Joslin on Mar 7, 2024

Hamilton County General Sessions Judge Alex McVeagh won the Republican nomination for a Circuit Court judge seat according to the Chattanooga Times Free Press. McVeagh and Chattanooga attorney Michele Coffman were both seeking the nomination in the race to replace former Circuit Court Judge Marie Williams, who stepped down from the bench six years before her term was set to expire. McVeagh received 17,365 votes to Coffman's 12,599. Alex McVeagh serves on the board of the TBA YLD as vice president and as the ABA YLD representative.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

Tennessee-based Baker Donelson has opened its first office in Charlotte, North Carolina, and named a local leader, the Nashville Business Journal reports. The new office, located in the One South tower at 101 S. Tryon St., Ste. 3600, will be led by managing shareholder Fred Wood. He will be joined by Thomas Hooper, Paul Osowski, Evan Sauda, William Starr and Noelle Wooten, all of whom are joining the firm from the Charlotte office of Nelson Mullins. Two other Nelson Mullins attorneys are joining Baker’s Raleigh and Charleston offices. The new office marks the firm's third location in the Carolinas since 2021. In October 2021, Baker Donelson opened its first North Carolina location in Raleigh and added a Charleston, South Carolina, location in September 2022. Since 2016, it also has had a presence in Columbia, South Carolina.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

The University of Tennessee College of Law has received a $2 million gift from the Chattanooga law firm of Summers, Rufolo & Rodgers. The funding will support scholarships for students interested in pursuing legal careers in advocacy, as well as the College of Law Center for Advocacy and Dispute Resolution, the College of Law Legal Clinic and the Douglas A. Blaze Leadership Scholarship. Dean Lonnie T. Brown Jr. said that the firm’s sustained investment in helps ensure the college has the resources needed to prepare future leaders in advocacy. “We are incredibly grateful for this outstanding firm’s generous and continued support. It is making a profound difference in the lives of our students.” Read more in a release.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

Speaking at yesterday’s funeral for Ramon McGee, who was found unresponsive in the Shelby County Jail covered in feces and bugs, and later died, Al Sharpton called for the U.S. Department of Justice to investigate the conditions of the jail and the various deaths inside. "The Justice Department needs to find out what is going on in Shelby County Jail," Sharpton said. Attorney Ben Crump, who is representing multiple families whose loved ones have died at the facility, also called for action. The Tennessee Bureau of Investigation is investigating McGee’s death, which was attributed to "severe neglect with malnutrition, dehydration, severe body insect infestation(s) and complications” by an independent autopsy. The Shelby County Sheriff's Office, which oversees the jail, has called the conditions of McGhee's death "completely unacceptable." The Commercial Appeal has more on the story.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

Tami Sawyer will be the Democratic nominee for Shelby County General Sessions Court clerk, the Commercial Appeal reports. Sawyer, a former Shelby County commissioner and Memphis mayoral candidate, ran on a platform of modernizing the General Sessions Court system and reducing the case backlog. Incumbent Joe Brown, who came in second in the primary, had denied a backlog existed. "My opponents are giving out misinformation. I wanted to let you know that General Sessions Civil or Criminal do not have a backlog of cases," Brown said in an email to the paper. Sawyer will face former Shelby County Criminal Court clerk's office employee and Republican nominee Lisa Arnold in August for the general election. Arnold says she has worked in the court system for her entire career and wants to make customer service a priority in the courts.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

Republican House Speaker Cameron Sexton says he will meet with the chamber’s chief clerk and legislative leaders over Nashville Democratic Rep. Justin Jones’ unexcused absences from the Agriculture and Natural Resources Committee, TN Journal reports. Committee records show that Jones missed three of six Agriculture Committee meetings before the panel’s meeting on Wednesday, which he attended.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

Various state House subcommittees acted on legislation under their jurisdiction this week. In the House Departments and Agencies Subcommittee, a bill that would have banned cold beer sales was amended to establish a drunken driving task force. The 12-member task force will study drunken driving trends in Tennessee over the next year and recommend ways to decrease impaired driving, repeat offenders and underage drinking. In the Higher Education Subcommittee, members rejected a bill that would have banned diversity, equity and inclusion programs at Tennessee public universities and colleges. The Tennessee Journal reports on these actions. In the Population Health Subcommittee, members defeated a bill designed to protect in vitro fertilization treatments. Bill sponsors argued the measure was needed after the Alabama Supreme Court found that fertilized embryos have similar rights to children, WKRN reports. Republicans opposed the measure saying it was more confusing than current law and could allow for “selective abortion during IVF.” State Rep. Bryan Terry, R-Murfreesboro, also said the bill was not needed because a 2022 opinion from the Tennessee Attorney General already found that the state’s Human Life Protection Act does not apply to IVF treatment.


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