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Posted by: Tanja Trezise on Jun 21, 2023

In this appeal from a resentencing hearing, the Defendant, Darius Henderson, challenges his total effective sentence of twelve years following his convictions for theft of property and evading arrest. The Defendant argues that the trial court erred by not applying two mitigating circumstances and by aligning the sentences to run consecutively. We respectfully disagree and affirm the trial court’s judgments.

Posted by: Tanja Trezise on Jun 21, 2023

A father appeals an order transferring jurisdiction over his minor children to West Virginia. Because the father did not file his notice of appeal with the clerk of the appellate court within thirty days after entry of the final order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Tanja Trezise on Jun 21, 2023

In litigation commenced by landlord to recover unpaid rent, the tenant asserted a counterclaim alleging violations of the parties’ lease agreement and seeking a declaration of the parties’ rights and obligations. Featuring prominently in the parties’ dispute is a lease provision providing for, among other things, rent abatement if a non-party to this litigation, the designated “Major Anchor Tenant,” ceases operations in the shopping center where the tenant’s store is located. Under another lease provision, which is also at issue, the right to rent abatement is triggered, subject to certain exceptions, if landlord enters into another lease agreement “with or by any national or regional tenant having . . . more than one store for whom the majority of its revenue is from the sale of apparel and/or clothing accessories.” In this case, the tenant has asserted rights to relief with respect to both of these provisions. Following a bench trial, the trial court rejected various defenses raised by landlord in the litigation and determined that the tenant was entitled to relief under the parties’ lease. As part of its order, the trial court awarded the tenant a monetary judgment against landlord related to rent overpayments the tenant had made during a period when rent abatement was in effect. Although we conclude that the trial court erred in awarding a monetary judgment related to the rent overpayments given that the remedy provided under the relevant lease provision specifically provides only for an offset against current or future rent, we otherwise affirm the trial court’s order in this case.

Posted by: Tanja Trezise on Jun 21, 2023

In this interlocutory appeal, the employee challenges the trial court’s determination that she is not likely to prevail at trial in proving compensable injuries to her right foot and ankle and its denial of her request for benefits. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

Posted by: Stacey Shrader Joslin on Jun 21, 2023

Gov. Bill Lee today encouraged Tennessee schools and local law enforcement agencies to apply for nearly $200 million provided through two grants to strengthen school safety, WREG reports. The Statewide School Resource Officer Grant provides $140 million to place a full-time, armed SRO at every public school. Local law enforcement agencies are eligible to apply for the grant, not to exceed $75,000 per year, per school. The Public & Non-Public School Security Grants provide one-time funding to strengthen security at schools, including $40 million for public schools and $14 million for non-public schools. These funds can be used to support a variety of school security efforts, including improved physical security, emergency operations planning, violence prevention programs, conflict resolution and safety training for staff members. Both grant programs were approved in the recent legislative session.

Posted by: Stacey Shrader Joslin on Jun 21, 2023

The Nashville Metro Council voted unanimously yesterday to appoint former Metro Councilmember Anthony Davis to the state House seat held by Democratic Rep. Bill Beck, who died earlier this month. Davis will serve in an interim capacity while a special primary election is held on Aug. 3 and a special general election is held on Sept. 12, Nashville Post reports. Davis is one of four candidates running in the special Democratic primary. The other candidates expressed concerns about the move, arguing the council was tipping the scale toward Davis in a competitive race. Davis represented East Nashville’s District 7 on the Metro Council from 2011 to 2019 and is the president and owner of East Nashville Beer Works. He called Beck “a dear friend” and said he hopes to continue the lawmaker’s legacy.

Posted by: Stacey Shrader Joslin on Jun 21, 2023

An administrative law judge has rejected plans by Vanderbilt University Medical Center to establish a new Rutherford County hospital, siding with a trio of inpatient facilities already operating in and around the area, Tennessee Lookout reports. Members of a state health agency panel earlier had approved Vanderbilt’s plans to build a new $144 million hospital but Saint Thomas Rutherford Hospital, TriStar StoneCrest Medical Center and Williamson Medical Center appealed the decision. The judge overturned the decision saying Vanderbilt had failed to show the need for a new facility.

Posted by: Stacey Shrader Joslin on Jun 21, 2023

Vanderbilt University Medical Center (VUMC) has turned over transgender patient medical records to the Tennessee Attorney General's office, the Tennessean reports. The attorney general’s office confirmed yesterday that it is conducting an investigation into potential medical billing fraud at the hospital. VUMC reportedly informed patients that the information was turned over as a result of an investigation into "billing for transgender care services provided to individuals enrolled in State-sponsored insurance plans." VUMC also told patients it was assured by the AG’s office that records would remain confidential, and offered patients a hotline number to call with questions and concerns. The attorney general's office today issued a statement about the investigation.

Posted by: Stacey Shrader Joslin on Jun 21, 2023

U.S. Supreme Court Justice Samuel Alito failed to disclose a luxury fishing trip he took with billionaire Paul Singer, and then declined to recuse himself from cases involving the hedge fund founder, ProPublica alleges in a new report. At issue is a July 2008 trip in which Alito flew free on Singer’s private jet and stayed at a fishing lodge charging more than $1,000 per night. In the years following the trip, Singer’s hedge fund came before the Supreme Court at least 10 times, including in a bond default case decided in the fund’s favor, the watchdog group says. In an op-ed in the Wall Street Journal yesterday, Alito said he was not required to disclose the trip under rules in place at the time, adding that he did not know Singer was a party to some of the cases and never discussed pending litigation with him. Bloomberg News has a recap of the report’s findings, which also included allegations that Justice Antonin Scalia failed to report free jet travel and a stay at the same lodge in 2005.

Posted by: Jarod Word on Jun 21, 2023

There is still time to register for the TBA's LGBT Forum 2023! The program will take place virtually Friday from 10 a.m. to 1:15 p.m. CDT with a focus on issues affecting the trans community. Join leaders from across the state who will provide essential updates on access to health care, trans-focused legislation and more.


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