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Posted by: Paul Burch on May 25, 2023

Nashville filed a lawsuit Wednesday seeking to strike down a new state law lowering the approval threshold needed for the Metro Council to approve renovations to the Nashville Fairgrounds Speedway. The new law, which overrides a provision in Nashville’s charter that requires 27 votes to approve demolition on the fairgrounds premises, would now only require 21 votes. The law was signed by Gov. Bill Lee on May 5, reports the Tennessean. Metro argues the new statute violates the Home Rule Amendment of the Tennessee Constitution, which bars the state from passing laws that impact only a particular county or city in its governmental capacity without local voter approval. The 27-vote supermajority rule for fairgrounds demolition was approved by voters in August 2011 by a two-to-one margin.

Posted by: Paul Burch on May 25, 2023

The Clarksville-Montgomery County School System (CMCSS) filed a lawsuit today against social media companies seeking "actionable accountability, tools and resources" to address the negative impact of social media on children, reports the Tennessean. Social media companies included in the suit include Facebook, Instagram, TikTok and YouTube. CMCSS is the seventh-largest school district in Tennessee with 43 schools and more than 38,000 students. The Leaf Chronicle reports that the county school system is being represented by Tennessee law firm Lewis Thomason and California-based firm Frantz Law Group.

Posted by: Karen Belcher on May 25, 2023

Article II of Tennessee’s Constitution vests legislative authority in the General Assembly. We have held, however, that the General Assembly may “grant an administrative agency the power to promulgate rules and regulations which have the effect of law in the agency’s area of operation.” Bean v. McWherter, 953 S.W.2d 197, 199 (Tenn. 1997). The General Assembly frequently has done so. But it also established important guardrails for administrative agencies by enacting the Uniform Administrative Procedures Act. One of those guardrails is the requirement that agencies engage in notice-and-comment rulemaking: a process that gives the public and other affected parties an opportunity to weigh in. Here, we consider whether a reimbursement cap imposed by TennCare is a “rule” within the meaning of the Uniform Administrative Procedures Act that should have been promulgated through the notice-and-comment process. We hold that it is and reverse the Court of Appeals’ contrary decision.

Posted by: Karen Belcher on May 25, 2023

Defendant, Latrice Rogers, appeals the trial court’s order denying her motion to withdraw her guilty plea. Defendant pled guilty to multiple charges as indicted with sentencing to be determined. One week after the trial court sentenced Defendant to three years’ imprisonment, Defendant filed a motion to withdraw her plea. Before the trial court ruled on the motion, Defendant filed a notice of appeal from the final judgment. The trial court later denied the motion to withdraw the plea. Defendant appeals the trial court’s denial of her motion to withdraw her guilty plea. After a thorough review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Posted by: Karen Belcher on May 25, 2023

Steven Craig Griffin, Petitioner, claims the trial court erred by summarily dismissing his petition for writ of habeas corpus and/or Rule 36.1 motion to correct an illegal sentence. Discerning no error we affirm.

Posted by: Karen Belcher on May 25, 2023

Defendant/Appellant appealed a speeding ticket from Benton City Municipal Court to the Circuit Court for Polk County, Tennessee (the “circuit court”). The City of Benton (the “City”) filed a motion for summary judgment which the circuit court granted on May 18, 2022. Defendant appeals and, discerning no error, we affirm.

Posted by: Karen Belcher on May 25, 2023

This is a parental rights termination case. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Knox County (“the Juvenile Court”) seeking to terminate the parental rights of Trent W. (“Father”) to his minor children Klowii W. and Mariah W. (collectively, “the Children”). After a hearing, the Juvenile Court entered an order terminating Father’s parental rights to the Children. The Juvenile Court found by clear and convincing evidence that DCS had proven the grounds of abandonment by failure to provide a suitable home, substantial noncompliance with the permanency plans, persistent conditions, and failure to manifest an ability and willingness to assume custody. The Juvenile Court also found by clear and convincing evidence that termination of Father’s parental rights is in the Children’s best interest. Father appeals, arguing that DCS failed to prove either grounds or best interest. We find that all four grounds found by the Juvenile Court were proven by the requisite clear and convincing evidence. We further find by clear and convincing evidence, as did the Juvenile Court, that termination of Father’s parental rights is in the Children’s best interest. We affirm.

Posted by: Karen Belcher on May 25, 2023

The pro se plaintiff appeals the trial court’s summary judgment dismissal of his legal malpractice action against his attorney and the attorney’s law firm. The trial court found that the action was barred by the applicable one-year statute of limitations. Because the plaintiff’s action accrued more than one year before he filed the lawsuit, we affirm.

Posted by: Karen Belcher on May 25, 2023

In this compensation appeal, the employee asserts the trial court erred in granting the employer’s motion for summary judgment and dismissing her case. Having carefully reviewed the record, we affirm the trial court’s determinations and certify its compensation order as final.

Posted by: Paul Burch on May 25, 2023

Attorney General Jonathan Skrmetti announced on Tuesday he is suing Michael D. Lansky LLC, which does business under the name Avid Telecom, owner Michael Lansky and Avid's vice president Stacey S. Reeves for allegedly initiating and facilitating billions of illegal robocalls in violation of the Telephone Consumer Protect Act, the Telemarketing Sales Rule and other federal and state telemarketing and consumer laws. Avid Telecom sent or transmitted more than 7.5 billion calls to telephone numbers on the National Do Not Call Registry between December 2018 and January 2023 with approximately 200 million of those calls to numbers in Tennessee. Read the full announcement.


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