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Posted by: Tanja Trezise on Sep 28, 2023

This appeal stems from a lawsuit over a void marriage. Larry Inman (“Plaintiff”) sued Cindy Craven Inman (“Defendant”) for divorce in the Circuit Court for Shelby County (“the Circuit Court”). However, it emerged during the lawsuit that Defendant never divorced her previous spouse. The Circuit Court entered an agreed final order holding that the parties’ marriage was void and dismissing the complaint. Plaintiff later sued Defendant in the Chancery Court for Shelby County (“the Trial Court”) asserting various causes of action stemming from his being misled into believing he was married. Defendant filed a motion to dismiss, which the Trial Court granted on res judicata grounds. Plaintiff appeals. Plaintiff could have asserted his claims in the previous divorce lawsuit, but he did not. Thus, the doctrine of res judicata bars Plaintiff’s claims. We affirm.

Posted by: Tanja Trezise on Sep 28, 2023

In this post-divorce case, Father appeals the trial court’s grant of sole decision-making authority over the Children’s non-emergency health care and religious decisions to Mother. Mother requests attorney’s fees incurred on appeal. Because there is no evidence to support an award of sole decision-making authority over religious decisions, we reverse the trial court’s order awarding Mother same. The trial court’s order is otherwise affirmed, and Mother’s request for appellate attorney’s fees is denied.

Posted by: Tanja Trezise on Sep 28, 2023

This appeal involves a dispute between family members regarding their father’s/grandfather’s estate. Following the filing of an action to probate the decedent’s will by his daughter, the decedent’s son and grandson contested the will. The trial court conducted a bench trial, subsequently entering an order determining that the residuary clause in the decedent’s will was invalid due to undue influence by his daughter. The court also held that the decedent’s son and grandson had proven that a portion of the decedent’s real property should be vested in the son due to a “resulting/constructive” trust. The decedent’s daughter and her son have appealed the trial court’s rulings. Discerning no reversible error, we affirm.

Posted by: Tanja Trezise on Sep 28, 2023

The employee filed an interlocutory request for additional medical benefits she claims are reasonably necessary due to a work-related accident when she struck her left knee while operating a bus. Although the employer accepted the compensability of the employee’s accident, it denied that her current need for additional medical treatment arose primarily from this accident, arguing instead that it arose primarily from a pre-existing degenerative condition. The court considered written materials and expert opinions submitted by each party and made a determination on the record, concluding that the employee was entitled to return to the authorized treating physician. The employer has appealed. Upon careful consideration of the record, we affirm the trial court’s order and remand the case.

Posted by: Tanja Trezise on Sep 28, 2023

The economic loss doctrine generally precludes a contracting party who suffers only economic losses from recovering damages in tort. In Tennessee, the application of this doctrine is limited to products liability cases. In this appeal, we consider whether the economic loss doctrine should be expanded to apply outside the products liability context. A jury awarded compensatory and punitive damages to a drywall subcontractor in a suit against a general contractor under theories of breach of contract and tort. The Court of Appeals applied the economic loss doctrine to preclude the recovery of damages in tort in a suit between sophisticated commercial entities. The intermediate court, in part, affirmed the award of compensatory damages for breach of contract, dismissed the tort claim, and reversed the award for punitive damages. We hold the economic loss doctrine only applies in products liability cases and should not be extended to other claims.

Posted by: Paul Burch on Sep 28, 2023

Michigan has become the first state to require judges to refer to attorneys by their preferred pronouns, reports Reuters. The Michigan Supreme Court approved 5-2 yesterday a rule that allows attorneys to include their preferred forms of address or pronouns in the captions of court documents and requires judges to use those terms “or other respectful means” when referring to those attorneys either in court or in documents. The rule goes into effect Jan. 1, 2024. Justice Kyra Bolden wrote in her concurrence that the new rule sends a message that Michigan courts are welcoming and inclusive.

Posted by: Paul Burch on Sep 28, 2023

Yelp Inc., the online business review site, filed a complaint yesterday in federal court seeking to stop Texas Attorney General Ken Paxton from suing the site over informing its users that crisis pregnancy centers do not provide abortions or referrals for abortions, reports Reuters. Paxton told the company last week that he intended to bring a lawsuit under Texas's unfair business practices law. The company said in the complaint that it posted the notices to prevent users from being misled by crisis pregnancy centers that deliberately targeted women seeking abortions. Yelp said in its filing that its notices are true, not misleading and are protected free speech under the U.S. Constitution's First Amendment. 

Posted by: Paul Burch on Sep 28, 2023

The American Bar Association (ABA) Section of Science & Technology Law will hold its 2023 Artificial Intelligence and Robotics National Institute at the Santa Clara University School of Law in Santa Clara, California, Oct. 9-10. The two-day institute will apprise those in the fields of law, technology, government, academics and business about the legal issues surrounding artificial intelligence and robotics. Programming includes sessions on the effects of AI/ChatGPT in regulation and standards, privacy and security in the workplace, climate solutions, entertainment, disinformation, health care and the practice of law. The event is free and open to the public. Visit the website for more information and read the conference agenda.

Posted by: Stacey Shrader Joslin on Sep 28, 2023

Two lawyers recently were reinstated to the practice of law in Tennessee after being on inactive status. They are: Rhea County lawyer Lee R. Thurman and Knox County lawyer Robert Thomas Weaver. Read about their specific cases in the Tennessee Supreme Court orders linked above.

Posted by: Paul Burch on Sep 28, 2023

Former Chancery Judge Ellen Hobbs Lyle along with attorneys D. Billye Sanders and Byron Trauger have been named as recipients of the 31st Annual Sage Awards. The awards will be presented Oct. 30 at the Sage Awards Ceremony & Fundraiser at the Franklin Marriott Cool Springs, 700 Cool Springs Blvd., Franklin 37067. The event is sponsored by AgeWell Middle Tennessee, a nonprofit resource for older adults and family caregivers. The Sage Awards honor lifelong leaders who improve our communities and organizations that significantly impact the lives of older adults across the region.


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