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Posted by: Karen Belcher on Aug 11, 2023

This appeal arises from the filing of a detainer warrant in general sessions court. The plaintiff sought to remove the defendant and her mobile home from his real property. The general sessions court granted possession of the real property to the plaintiff but ordered him to pay for the removal of the mobile home. The defendant appealed to the circuit court. The circuit court concluded that the plaintiff was entitled to the relief requested and awarded him possession of his real property. However, contrary to the general sessions court, the circuit court ordered the defendant to remove her mobile home from the plaintiff’s real property at her expense. The defendant appeals. We affirm.

Posted by: Karen Belcher on Aug 11, 2023

In this interlocutory appeal, the employer appeals the trial court’s order for medical benefits, including a total knee replacement, in light of evidence indicating the employee had a pre-existing knee condition. The employee suffered a fall at work, resulting in complaints of pain in the left knee. Following conservative treatment, the employee’s authorized physician recommended a total knee replacement. The employer declined to authorize the procedure based on questionnaire responses from the treating physician. After the denial, the employer received medical records from two providers indicating the employee had a history of left knee complaints within months of the work accident, as well as a prior surgery to the left knee in 2012. At the expedited hearing, the employee presented testimony from the authorized physician stating her work injury was the primary cause of her need for surgery. The trial court found the employee was likely to prevail at a hearing on the merits and ordered the employer to provide medical treatment, including the recommended surgery, and temporary total disability benefits. The employer has appealed. Upon careful consideration of the record, we affirm the trial court’s order and remand the case.

Posted by: Julia Wilburn on Aug 11, 2023

U.S. Magistrate Judge Andrew M. Edison of the Southern District of Texas delves into the intriguing matter of legal language in a recent opinion, addressing the perplexing question of whether it should be "attorney fees," "attorneys fees," "attorney's fees" or "attorneys' fees." The issue has caused confusion in federal statutes, rules and cases, with different forms being used interchangeably. Edison references the U.S. Supreme Court's style guide, the insights of legal experts like Bryan A. Garner, and the ABA Journal's own style, ultimately settling on the use of "attorney's fees" when one lawyer requests fees and "attorneys' fees" when multiple lawyers are involved. The ABA has more on this vexing conundrum.

Posted by: Julia Wilburn on Aug 11, 2023

Retired Coffee County Circuit Court Judge Vanessa Jackson was recently named by the Tennessee Supreme Court as the first female senior judge. The Tullahoma News reports that Jackson is one of seven senior judges, each having held an elected judicial position to qualify for the appointment. A senior judge presides over cases when judges have recused themselves, have an extended illness or face an extra heavy caseload.

Posted by: Julia Wilburn on Aug 11, 2023

A legal battle has erupted in the East Tennessee community of Lone Mountain Shores in New Tazewell, pitting neighbors against each other over whether vacation rentals like Airbnb should be allowed in their residential area. The community's homeowners association (HOA) board initiated a lawsuit against homeowners who rented their properties to vacationers, resulting in countersuits and personal accusations. Knoxville News Sentinel reports that the dispute highlights differing perspectives on the impact of renters, with anti-renters expressing concerns about disturbances and property damage, while pro-renters have emphasized the positive aspects of tourism. The legal challenge raises questions about HOA authority and could set a precedent for short-term rental regulations.

Posted by: Julia Wilburn on Aug 11, 2023

Gov. Bill Lee's decision to focus a special legislative session on new and stricter penalties for children and teens within Tennessee's juvenile justice system has sparked criticism from juvenile judges and youth advocates, the Tennessee Lookout reports. The plan, which could send kids to adult courts and prisons and limit confidentiality of juvenile records, does not address the root causes of violence such as occurred at the Covenant School, critics say. They also note that youth crime in the state has declined significantly.

Posted by: Julia Wilburn on Aug 11, 2023

Vanderbilt University Medical Center (VUMC) is currently under federal investigation by the U.S. Department of Health and Human Services for turning over the medical records of transgender patients to Tennessee's attorney general. The investigation follows lawsuits filed by two patients who claimed their records were shared without consent. The Associated Press reports that VUMC has faced criticism for delays in notifying affected patients and for the release of private information, further fueling concerns amid the state's legislative actions targeting transgender care. 

Posted by: Julia Wilburn on Aug 11, 2023

Tennessee is grappling with a severe stolen guns epidemic, with a staggering rise in firearms taken from cars, resulting in heightened concerns about public safety. A law enacted to deter gun theft by imposing tougher penalties is facing criticism due to its limited effectiveness in the court system. The Tennessean reports that, despite the legislation's intention to curb crime, many felony gun theft charges have been dropped, highlighting challenges in proving these cases and a lack of witnesses. As lawmakers seek solutions, proposals for penalties against gun owners who leave firearms in cars have sparked debates over a balance between accountability and victimization.

Posted by: Julia Wilburn on Aug 11, 2023

The U.S. Supreme Court has temporarily halted a bankruptcy arrangement for Purdue Pharma, the manufacturer of OxyContin, which sought to shield the Sackler family from further lawsuits related to the opioid epidemic. This decision, likely to delay compensation to opioid crisis victims, follows an objection by the Justice Department. The deal was set to offer the Sacklers immunity from civil legal disputes in exchange for a significant payout. The Supreme Court's decision to hear the case in December could have broad implications for similar mass tort cases resolved through bankruptcy courts. The New York Times has the story.

Posted by: Julia Wilburn on Aug 11, 2023

Gov. Bill Lee's proposal to temporarily restrict gun access for those deemed a danger won't be addressed in the upcoming special session responding to the Covenant School shooting. Axios Nashville reports that Lt. Gov. Randy McNally, R-Oak Ridge, cited lack of conservative support as the reason. Although not on the current agenda, the possibility remains open for lawmakers to introduce and discuss the measure during the session.


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