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Posted by: Stacey Shrader Joslin on Sep 26, 2024

Greene County lawyer Francis Xavier Santore Jr. was immediately suspended from the practice of law after the Tennessee Supreme Court found he posed a threat of substantial harm to the public. The court also directed Santore to undergo an examination by a qualified medical or mental health expert to assess his capacity and fitness to practice law, and execute a written release allowing the Tennessee Lawyers Assistance Program to share information about his case with the Board of Professional Responsibility. Finally, the court directed Santore to provide a number of items related to previous psychological evaluations.

Posted by: Stacey Shrader Joslin on Sep 26, 2024

The Tennessee Supreme Court has transferred the law license of Sevier County lawyer Andrew Nicholas Wilson to disability inactive status. Wilson may not practice law while on inactive status but may seek reinstatement by showing by clear and convincing evidence that the disability has been removed.

Posted by: Stacey Shrader Joslin on Sep 26, 2024

Tennessee Court of Workers' Compensation Claims Judge Pamela B. Johnson recently was inducted into the National Association of Workers’ Compensation Judiciary’s (NAWCJ) Adjudicators Hall of Fame. Johnson has been active in the NAWCJ since 2014. Criteria for selection in the Hall of Fame includes exemplary service as an adjudicator of workers’ compensation issues, service to the NAWCJ and a record of writing, speaking and advocating for those affected by workplace injuries. Read more about the honor in a press release from the court.

Posted by: Azya Thornton on Sep 26, 2024

BOGGS, Circuit Judge. Art Iron, Inc. contests whether the district court properly awarded summary judgment to Board of Trustees (“Board”) of the Shopmen’s Local 499 Pension Plan (“the Plan”). This suit arises from the Board’s pursuit of over one million dollars of withdrawal liability pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”) from Art Iron, Robert Schlatter, and Mary Schlatter.We affirm the district court’s judgment as to Robert Schlatter and reverse and remand the district court’s grant of summary judgment as to Mary Schlatter.

Posted by: Azya Thornton on Sep 26, 2024

The employee sustained injuries to her knees, right hand, and back when she tripped and fell at work. The employer authorized medical treatment for the injuries, and each authorized doctor released the employee from treatment and assigned ratings of 0% permanent medical impairment. The employee filed a petition disputing the extent of her impairments, asserting that two providers had indicated she retained some degree of permanent impairment arising from the work accident. The employer filed a motion for summary judgment, contending that no genuine issue of material fact existed regarding the employee’s lack of permanent impairment as a result of her work injuries. After a hearing, the court granted the employer’s motion and issued a compensation order finding the employee was not entitled to permanent disability benefits but ordering the employer to continue providing reasonable and necessary medical treatment for the employee’s compensable injuries. The employee has appealed. Upon careful consideration of the record, we affirm the trial court’s order and certify it as final.

Posted by: Stacey Shrader Joslin on Sep 26, 2024

The Tennessee Supreme Court has one case set for its Oct. 4 docket. It will hear oral arguments in the case of Gary Wygant and Francie Hunt v. Bill Lee et al. beginning at 9 a.m. CDT at the Tennessee Supreme Court building in Nashville. The arguments also will be live streamed on the court’s YouTube page. The case arises from a challenge to the maps of state legislative districts implemented after the 2020 census. Learn more about the case.

Posted by: Azya Thornton on Sep 26, 2024

The Defendant, David A. Yost, appeals from his guilty-pleaded convictions in the Knox County Criminal Court for possession of a firearm after a felony drug conviction, a Class C felony; possession of marijuana, a Class A misdemeanor; and two counts of possession of drug paraphernalia, a Class A misdemeanor. See T.C.A. §§ 39-17-1307(b)(1) (Supp. 2023) (unlawful possession of weapon), 39-17-418 (Supp. 2023) (possession of marijuana), 39-17-425 (2018) (possession drug paraphernalia). After a sentencing hearing, the trial court ordered the Defendant to serve an effective sentence of eight years. On appeal, the Defendant contends that the court erred by denying alternative sentencing. We conclude that the trial court failed to articulate the reasons for the sentence of confinement in accordance with the purposes and principles of sentencing. We remand the case with instructions for the trial court to make the appropriate findings as to whether the Defendant should receive an alternative sentence or a sentence of confinement. Accordingly, the judgments of the trial court are reversed, and the case is remanded to the trial court.

Posted by: Azya Thornton on Sep 26, 2024

The petitioner, Madaryl Hampton, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Posted by: Azya Thornton on Sep 26, 2024

A Hancock County Criminal Court jury convicted the defendant, Ricky Rex Corlew, as charged of allowing a dog to run at large causing serious bodily injury, a Class E felony. See Tenn. Code Ann. § 44-8-408(b), (g)(4) (Supp. 2021). Following a sentencing hearing, the trial court ordered Corlew to serve two years in confinement and to pay the $3000 fine set by the jury. On appeal, Corlew argues that the evidence is insufficient to sustain his conviction because it supported his affirmative defense that he exercised reasonable care in attempting to confine or control his dog. After review, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Sep 26, 2024

A mother appeals the termination of her parental rights to her child. The chancery court found clear and convincing evidence of two statutory grounds for termination. The court also determined termination was in the child’s best interest. After a thorough review, we agree and affirm.


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