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Posted by: Karen Belcher on Jul 27, 2023

A congregation within the Presbyterian Church sought to disaffiliate from its presbytery while retaining ownership of its real property. The presbytery argued that the congregation did not own the real property outright but rather held it in trust for the benefit of the national body of the Presbyterian Church. Following a hearing on competing motions for summary judgment, the trial court determined that the congregation owned the property outright. Thus, it denied the presbytery’s motion and granted the congregation’s motion. The presbytery timely appealed to this Court. Following careful review, we reverse.

Posted by: Karen Belcher on Jul 27, 2023

A father petitioned to change the primary residential parent and for immediate physical custody of his child based on the mother’s allegedly inappropriate behavior. The court granted Father an ex parte order of immediate physical custody. At the show cause hearing, the court determined that the mother had engaged in a pattern of emotional abuse of the father and the child such that her parenting time should be limited. After a final hearing on the father’s petition, the court found a material change of circumstances had occurred and that it was in the child’s best interest to modify the permanent parenting plan. The court then adopted a modified parenting plan that named the father the primary residential parent and limited the mother’s parenting time. Discerning no abuse of discretion, we affirm.

Posted by: Karen Belcher on Jul 27, 2023

The State of Tennessee sought the enforcement of a prior administrative order against the Appellant related to the Appellant’s violations of the Tennessee Water Quality Control Act of 1977, requesting civil penalties, damages, and injunctive relief. The State filed a motion for summary judgment, and the Appellant sought a continuance based on parallel criminal proceedings. The trial court denied the motion for a continuance and granted summary judgment to the State. On appeal, the Appellant asserts that the chancery court and administrative tribunal lacked personal jurisdiction and that the chancery court erred in denying his motion for a continuance. We conclude that any challenge to personal jurisdiction has been waived and that the chancery court did not abuse its discretion in denying the motion for a continuance. Accordingly, we affirm the judgment.

Posted by: Stacey Shrader Joslin on Jul 26, 2023

The share of Americans with a favorable opinion of the U.S. Supreme Court has declined to its lowest point in public opinion surveys dating to 1987, the Pew Research Center reports. A new survey shows that fewer than half of Americans express a favorable opinion of the court, while a narrow majority have an unfavorable view. Opinions of the court have become somewhat less positive since April, when about half of Americans had a favorable impression. The center reports that this data marks the first time in its polling that the public’s views of the Supreme Court are significantly more negative than positive. Read more about the recent findings.

Posted by: Stacey Shrader Joslin on Jul 26, 2023

The Trial Court Vacancy Commission next month will consider applicants for two court openings. Five applicants for a vacancy on the 16th Judicial District Circuit Court will be reviewed when the commission meets on Aug. 30. They are: Terry A. Fann, Stephen E. Grauberger, Derek R. Howard, R. Michelle Howser and Micheal A. Jones. The commission will meet in the Historic Courthouse’s Rutherford County Commission Meeting Room in Murfreesboro at 9 a.m. CDT. The vacancy is being created by the upcoming retirement of Judge J. Mark Rogers on Sept. 1. Then on Aug. 31, the commission will meet in Franklin to consider four applicants for the 21st Judicial District Circuit Court. They are: Russell D. Gill, B. Todd Martin, Erin W. Nations and David H. Veile. The meeting will take place at 9 a.m. CDT in the Mayor and Aldermen Board Room at Franklin City Hall. This vacancy is being created by the upcoming retirement of Judge Michael W. Binkley on Sept. 29. The commission is expected to vote immediately following each of the meetings and forward three names for each district to Gov. Bill Lee for his consideration.

Posted by: Stacey Shrader Joslin on Jul 26, 2023

Rutherford County lawyer Jimmy Leo Richardson received a public censure from the Tennessee Supreme Court today. Richardson was appointed to represent a father in a dependency and neglect petition involving a child but ceased representing the father. He then began representing the mother in an action to modify the permanent parenting plan. The court found that the two matters were substantially related, that the mother’s interests were materially adverse to the father’s interests, and the father did not give informed consent in writing for Richardson to represent the mother. The court found Richardson’s actions violated Rule of Professional Conduct 1.9.

Posted by: Stacey Shrader Joslin on Jul 26, 2023

Former House Speaker Glen Casada has filed a motion to dismiss federal corruption charges against him, Tennessee Lookout reports. A federal trial for Casada and his former aide Cade Cothren is scheduled to begin Oct. 3. In the motion, Casada argues that the charges against him are inflated and that the lawmakers who did business with a vendor called Phoenix Solutions received the services they requested. Prosecutors accuse Casada of concealing Cothren’s identity as the vendor and directing House business to Cothren in return for kickbacks.

Posted by: Stacey Shrader Joslin on Jul 26, 2023

President Joe Biden signed a proclamation yesterday to establish the Emmett Till and Mamie Till-Mobley National Monument, the Associated Press reports. The monument will cover three sites in two states. The first of the sites will be at the Roberts Temple Church of God in Christ in Chicago, where Till’s open-casket funeral took place. The other two will be in Mississippi: one at Graball Landing, where Till’s body was believed to be pulled from the Tallahatchie River, and one at the Tallahatchie County Second District Courthouse, where Till’s killers were acquitted. Till, who would have turned 82 yesterday, was killed in 1955 after a 21-year-old woman accused him of whistling at her. The killing, and the acquittal of the killers, helped galvanize the Civil Rights Movement.

Posted by: Stacey Shrader Joslin on Jul 26, 2023

State health officials recently disqualified Nashville CARES — a nonprofit sexual health clinic that connects low-income HIV-positive individuals with federally subsidized medical care — from receiving grant funds under the federal Ryan White Insurance Assistance Program, Tennessee Lookout reports. Nashville CARES is now suing, alleging that decision was “illegal" and "arbitrary" and involved an "unlawful procedure.” The nonprofit’s lawyers are asking that state officials be ordered to restart the process of vetting organizations for the funding. The state argues that the nonprofit is effectively a pass-through to a for-profit subcontractor that provides the bulk of the service. Nashville CARES disputes that characterization.

Posted by: Stacey Shrader Joslin on Jul 26, 2023

The U.S. Supreme Court’s strike against affirmative action is expected to be a boon for U.S. law firms as they respond to a rise in demand for advice about how to comply and guard against new legal challenges, Reuters reports. Firms with higher education, anti-discrimination and employment practices tell the news source they have seen an uptick in business since the court ended consideration of race in college admissions. While the case had no direct effect on employers, attorneys told Reuters that corporations also have been seeking advice on diversity policies given their concerns about lawsuits being filed in the wake of the ruling.


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