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Posted by: Julia Wilburn on Jun 13, 2023

After flooding washed away a bridge and part of a driveway which a homeowner used to access his house, he made repairs. The repaired route was also used on rare occasions by an easement holder who had a right to access a family cemetery. The homeowner brought suit against the easement holder, seeking equitable reimbursement for the costs of repairs. The trial court ruled against the homeowner, concluding the equities of this case did not warrant requiring the easement holder to contribute to the costs of repair. The homeowner appealed. We conclude that the trial court did not abuse its discretion; accordingly, we affirm the trial court’s ruling.

Posted by: Julia Wilburn on Jun 13, 2023

A qui tam relator brought a Tennessee False Claims Act suit on behalf of himself and the state of Tennessee against a manufacturer of guardrail end terminals. The manufacturer moved to dismiss, and the trial court granted the motion on a wide variety of bases. The qui tam relator appeals. We conclude that a number of the rationales relied upon by the trial court were in error; nevertheless, the trial court properly dismissed the action for failure to state a claim upon which relief can be granted under the Tennessee False Claims Act.

Posted by: Julia Wilburn on Jun 13, 2023

This is an appeal from a final order entered on March 9, 2023. The notice of appeal was not filed with the appellate court clerk until April 12, 2023, more than 30 days from the date of entry of the order from which she is seeking to appeal. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal.

Posted by: Julia Wilburn on Jun 13, 2023

The defendant, Cody Lynn Wyrick, alias, appeals his Knox County Criminal Court jury convictions of rape of a child, rape and aggravated sexual battery, arguing that the evidence was insufficient to support his convictions. Discerning no error, we affirm.

Posted by: Julia Wilburn on Jun 13, 2023

The petitioner, Jonathan Michael Atha, appeals the denial of his motion for a hearing on his petition for relief pursuant to the Post-Conviction DNA Analysis Act of 2001. Discerning no error, we affirm the denial of post-conviction relief.

Posted by: Paul Burch on Jun 13, 2023

The FedEx pilots' union voted Sunday to approve a new contract for its pilots, reported the Commercial Appeal. The next step in the process is a membership ratification ballot among union members, which will open July 5 and closes July 24. The contract calls for a 30% pay increase and a 30% increase to the pilots’ legacy pension. The pilots' union has been in negotiations with FedEx management since May 2021.

Posted by: Paul Burch on Jun 13, 2023

Knox County magistrate and former Knox County Republican Party Chair Ray H. Jenkins resigned Monday following his indefinite suspension for drinking on the job reported WBIR. The county's other four magistrates are expected to assume Jenkins workload. Jenkins' departure raises the possibility that previous defendants could seek to void out warrants signed by Jenkins due to his condition.

Posted by: Barry Kolar on Jun 13, 2023

Headshot of new TBA Executive Director Sheree WrightThe Tennessee Bar Association has named Nashville lawyer Sheree Wright to be its next Executive Director. A Senior Associate General Counsel at Vanderbilt University, Wright has been active in the TBA and the Nashville, Tennessee and national legal communities throughout her career. “We are extremely excited to have Sheree join the Tennessee Bar Association as our new executive director,” TBA President Tasha Blakney said in announcing the appointment. “Throughout her career, she has demonstrated a knowledge of the law as well as a genuine commitment to the Bar and the community. She is from Tennessee, was educated in Tennessee, has practiced law here, and has proven herself to be a well-respected leader. We know she will bring her considerable talents to the leadership of our association and will prove to be an incredible asset.” Wright holds undergraduate and law degrees from Vanderbilt University, where she has worked for more than 30 years after starting her career in private practice with a defense litigation firm. She previously served as president of the Nashville Bar Association and on the Board of Directors of the Lawyer’s Association for Women. At the TBA, she is a member of the Committee on Ethics and Professional Responsibility and has been a frequent CLE speaker.

Posted by: Paul Burch on Jun 13, 2023

Three Tennessee teachers associations filed suit today over a new law that prohibits association dues from being voluntarily deducted from paychecks, the Tennessean reported. The dues provision was included in a budget bill set to go into effect July 1 that will raise the teacher pay rate to a minimum of $50,000 per year by 2027. In a Chancery Court complaint, the groups claim the deduction ban is in violation of the state constitution prohibiting a bill from becoming law if it "embraces more than one subject," arguing a pay raise is a "wholly different" subject than payroll deductions for professional organizations.

Posted by: Paul Burch on Jun 13, 2023

The Tennessee Supreme Court on Monday suspended Knox County Lawyer Bryan Lee Capps from the practice of law upon finding that he misappropriated funds for his personal use and poses a threat of substantial harm to the public.


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