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Posted by: Tanja Trezise on Aug 18, 2023

SUTTON, Chief Judge. Claiming that he overpaid his 2019 taxes, Joshua Jarrett sued the Internal Revenue Service for a refund. The IRS responded by issuing a full refund check. Jarrett refused to cash it. Even so, the district court reasoned that Jarrett had received his due and dismissed the case as moot. We agree and affirm.

Posted by: Julia Wilburn on Aug 18, 2023

House Democratic Caucus Chair John Ray Clemmons of Nashville is calling for an audit of Gov. Bill Lee’s Office of Faith-Based and Community Initiatives after concerns were raised about the allocation and transparency of $1.2 million in taxpayer funds provided to the office. Clemmons has asked the state comptroller to examine both the state office and its affiliated nonprofit, the Faith Based and Community Initiatives Foundation. The Tennessean reports that the audit request comes amid questions about the use of the funds and the operational effectiveness of the office, including the redirection of its website to a non-related site and a lack of recent social media activity.

Posted by: Paul Burch on Aug 18, 2023

Save the date for the Juvenile & Children's Law Forum to be held via Zoom on Oct. 27. The program will feature topics such as Title 36 changes, indigent representation, advanced guardian ad litem practice, and much more. Registration will open soon, so keep an eye on the course page as more information becomes available!

Posted by: Tanja Trezise on Aug 18, 2023

The defendant, Matthew Peter McDonnell, appeals the Knox County Criminal Court’s order revoking his probation and requiring him to serve the balance of his four-year sentence for aggravated assault and vandalism of property valued at more than $1,000 but less than $2,500. Discerning no error, we affirm.

Posted by: Julia Wilburn on Aug 18, 2023

The U.S. Equal Employment Opportunity Commission (EEOC) has introduced new guidelines for safeguarding the rights of pregnant workers, building on the Pregnant Workers Fairness Act, which became effective on June 27. The law extends the Americans with Disabilities Act to cover pregnant employees, necessitating that companies with 15 or more workers offer reasonable accommodations. The Nashville Business Journal reports that the proposed rule outlines various accommodation options, such as adjusted work schedules, equipment modifications and telework, while emphasizing that employers must promptly address accommodation requests, even without formal written notice from employees.

Posted by: Tanja Trezise on Aug 18, 2023

This appeal concerns divorce-related issues. In October 2019, Michael Grande (“Husband”) filed for divorce against Dr. Kimberly Grande (“Wife”) in the Circuit Court for Knox County (“the Trial Court”). In March 2021, the Trial Court entered its Final Judgment for Divorce, which incorporated the parties’ Marital Dissolution Agreement (“the MDA”). In September 2021, Husband filed a petition for civil contempt against Wife. In its June 2022 final order, the Trial Court found among other things that Wife was in civil contempt of court. Wife appeals. Husband raises his own issues as well. We find, inter alia, that Wife is not in civil contempt for pre-MDA conduct when the MDA purported to resolve the very issues subject to the contempt petition and Husband has not asserted a claim of fraud. We reverse the Trial Court’s findings of civil contempt against Wife, as well as the judgments against Wife in the amounts of $27,000 and $11,171.80, respectively. We also reverse the Trial Court’s award of attorney’s fees to Husband, and decline to award either party attorney’s fees and expenses incurred on appeal. Otherwise, we affirm the judgment of the Trial Court. We thus affirm, in part, and reverse, in part.

Posted by: Julia Wilburn on Aug 18, 2023

Saul Belz, a lawyer in Memphis for more than 40 years, died Wednesday. He was 81. Belz graduated from the University of Texas in 1964 and earned his law degree in 1967 from Vanderbilt University. Since 2000, he had practiced business litigation at Glankler Brown. Burial will be at 10 a.m. CDT on Monday at Temple Israel Cemetery, 1708 Hernando Rd., Memphis 38106. The Daily Memphian has this remembrance.

Posted by: Julia Wilburn on Aug 18, 2023

The American Bar Association (ABA) reports that former ABA President Philip S. Anderson Jr. of Little Rock, Arkansas, died Tuesday at age 88 of complications from Alzheimer’s disease. He earned his undergraduate and law degrees from the University of Arkansas in 1959. Anderson was active in the ABA throughout his career, serving in the House of Delegates for 30 years, as chair of the House of Delegates from 1992-1994 and as president from 1998-1999.

Posted by: Tanja Trezise on Aug 18, 2023

In this interlocutory appeal, the employer challenges the trial court’s order compelling it to provide the employee a panel of physicians in the geographic area where he now lives. The employer argues that the employee’s original treating physicians indicated they did not reasonably anticipate a need for future medical care and that the employee did not come forward with evidence that additional medical care is reasonable and necessary as a result of the work accident. In rejecting the employer’s argument, the trial court reasoned that the Workers’ Compensation Law requires an employer to provide a new panel of physicians under these circumstances. The employer has appealed. We affirm the trial court’s order and remand the case.

Posted by: Julia Wilburn on Aug 18, 2023

The city of Memphis plans to appeal a court ruling by Judge Gina Higgins, which allowed a group of plaintiffs to bring a class action lawsuit against the city for failure to test over 12,000 rape kits. The Commercial Appeal reports that the city's attorneys point to a separate case involving Alicia Franklin as a basis for their appeal. Franklin had filed a lawsuit against the city, alleging inadequate investigation by the Memphis Police Department, and while her case was dismissed, the city argues that the conflicting rulings highlight the need for a uniform legal approach. The city is seeking to pause the rape kit case while an appeal is pending.


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