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Posted by: Karen Belcher on Jul 28, 2023

The appellant challenges the trial court’s termination of her parental rights. The trial court found that clear and convincing evidence established four grounds for termination of parental rights including (1) abandonment by failure to visit; (2) persistent conditions; (3) substantial noncompliance with the permanency plan; and (4) failure to manifest an ability and willingness to assume custody. The trial court also found clear and convincing evidence established that termination was in the children’s best interests. The appellant challenges the trial court’s findings as to both the existence of grounds for termination and the conclusion that termination was in the best interests of the children. We affirm.

Posted by: Karen Belcher on Jul 28, 2023

This is an appeal from a jury verdict awarding damages to a plaintiff injured in a car accident. The plaintiff asserts that the trial court erred in excluding evidence of her medical bills. Because the plaintiff failed to present expert proof that her medical expenses were necessary, we find that the trial court did not abuse its discretion in excluding the bills. The jury verdict is affirmed.

Posted by: Karen Belcher on Jul 28, 2023

Plaintiffs filed this inverse condemnation suit against numerous defendants, alleging that their involvement with a construction project on an interstate highway resulted in increased surface waters and flooding of Plaintiffs’ home and property. The trial court dismissed all of the claims at various stages of the litigation. In a prior appeal, this Court affirmed the dismissal of multiple claims, but we vacated the trial court’s grant of judgment on the pleadings for two defendants because the trial court’s order stated that its decision was based on “the entire record” and cited an exhibit to the complaint. See Harvey v. Shelby Cnty., No. W2018-01747-COA-R3-CV, 2019 WL 3854297, at *4-6 (Tenn. Ct. App. Aug. 16, 2019). We remanded for consideration pursuant to Tennessee Rule of Civil Procedure 56. Id. at *6. After some limited discovery on remand, the trial court granted motions for summary judgment filed by the two remaining defendants. Plaintiffs appeal. We reverse and remand for further proceedings consistent with this opinion.

Posted by: Stacey Shrader Joslin on Jul 28, 2023

The Tennessee Bar Association Academy offers an exciting opportunity for a limited number of Tennessee attorneys to be admitted to practice before the U.S. Supreme Court. The 2023 admission ceremony will take place Dec. 5 at the court in Washington, D.C. In addition to taking part in the private ceremony, participants will be invited to a TBA President's Reception and a special celebration dinner, and will receive three hours of prepaid credits to use for future CLE programming. The group will stay at the Hay Adams Hotel, where a block of rooms has been reserved at the discounted rate of $359 a night. The cost to register is $725 for TBA members and $300 for their guests. Those interested in participating should complete this online form by Aug. 7. Applicants will be considered on a first-come basis and will be contacted to confirm their interest and complete the application process.

Posted by: Julia Wilburn on Jul 28, 2023

A new Tennessee law now in effect adds new requirements before a student can receive corporal punishment at school. News Channel 9 in Chattanooga reports that under HB 0995/SB 0972, before any kind of corporal punishment can happen, teachers are required to have acted to address the student’s behavior, provided consequences to the student, consulted with the student’s parents about their behavior and considered the need to evaluate whether the student has a disability. Corporal punishment against a student with a disability is prohibited unless the punishment is permitted by the local education agency and the parent agrees in writing.

Posted by: Julia Wilburn on Jul 28, 2023

A new study, published in the Illinois Law Review, finds that the majority of incoming law students are not able to accurately predict their grades. Reuters reports that 95% of the more than 600 surveyed students believed they would end up in the top half of the class, while more than 22% of students predicted they would be in the top 10%. Study authors surveyed incoming law students at the school about their expected class rank between 2014 and 2019, then compared those predictions with their actual rank at the end of their first year.

Posted by: Paul Burch on Jul 28, 2023

Join your colleagues at noon CDT on Thursday for Real Estate Essentials 2023: Cybersecurity Considerations in Real Estate Transactions. This program will cover aspects of safeguarding information from cyber threats specific to real estate transactions. David Palmer, a supervisory special agent in the FBI Memphis field office will lead the session.

Posted by: Julia Wilburn on Jul 28, 2023

Tennessee residents who have felony convictions and want to vote now must obtain a pardon or have all citizenship rights restored, and show they have paid all restitution and court costs from their conviction, and are current on child support payments, according to guidance from the state coordinator of elections. The Tennessee Lookout reports that the guidance from Coordinator of Elections Mark Goins applies to people convicted in Tennessee, another state or in federal court. The policy builds upon a June 29 ruling by the Tennessee Supreme Court on the voting rights of Ernest Falls, who currently lives in Tennessee and was convicted and then granted clemency in Virginia.

Posted by: Julia Wilburn on Jul 28, 2023

The Franklin Ethics Commission has found that Alderman Gabrielle Hanson violated two provisions of the city’s ethics code and recommended that she be censured. WPLN reports that the commission found that Hanson used her position as an elected official to attempt to solicit gifts and secure privileges for the African American Heritage Society, violating sections I-805 and I-808 of the Franklin Municipal Code. The hearing stems from an email that Hanson sent in early June to Nashville International Airport (BNA) President Doug Kreulen. Hanson asked the airport to withdraw financial support from a Juneteenth festival put on by the Franklin Justice and Equity Coalition — an organization she characterized as “radical” and anti-police — or send an equal donation to the African American Heritage Society.

Posted by: Stacey Shrader Joslin on Jul 28, 2023

For years, dozens of criminal cases in Davidson County were dropped because the person arrested was found not mentally competent to stand trial. Davidson County Judge Melissa Blackburn, who oversees the Mental Health Court, says, "That was happening every single day with anyone deemed incompetent ...” Blackburn’s office found that over an 18-month period, 182 people had been declared not competent to stand trial and two thirds of those were re-arrested within three months. A $600,000 grant from Metro Nashville is helping by funding an incompetency docket and providing additional treatment, NewsChannel 5 reports. Read more about the program.


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