Articles

All Content


74,291 Posts found
Previous • Page 607 of 7,430 • Next
Posted by: Azya Thornton on Mar 31, 2025

This is a post-divorce parent relocation dispute. After the mother relocated out of state with the child without notice, the father filed a petition objecting to her relocation, a petition for criminal contempt on multiple grounds, and a petition to modify the parenting plan. The mother then filed a petition to approve her relocation and a petition challenging the child support calculations in the court’s November 6, 2023 order. After conducting a best- interest analysis, the court adopted the mother’s proposed parenting plan with modifications that removed the father’s supervision requirement, required the mother to bear transportation costs, and required the mother to give the father notice of the child’s school and extracurricular activities, among other modifications. The trial court also granted the father’s first amended petition for three counts of criminal contempt, imposing a sentence of 30 days, with 10 days suspended, “based upon Mother’s full and complete compliance, during the next five (5) years, with the terms set forth within this judgment.” Father appeals, contending that the trial court abused its discretion by applying an improper legal standard in respect to the notice requirements of the parent relocation statute, Tennessee Code Annotated § 36-6-108. We find that the trial court did not abuse its discretion in conducting a best-interest analysis, affirm the trial court’s determination that the relocation was in the best interest of the child, and affirm the trial court’s adoption of the mother’s parenting plan with modifications.

Posted by: Azya Thornton on Mar 31, 2025

Lonnie Elmore (“Decedent”) died on July 5, 2020, a few weeks after being treated by Angelo J. Sorce, M.D., (“Sorce”), an employee of Tennessee Valley Orthopaedics, LLC (“TVO”), (collectively “Defendants”) and Travis Mills, CRNA, (“Mills”) an employee of Lakeway Regional Anesthesia Services, PLLC (“Lakeway”). On July 2, 2021, Robert Elmore, as Executor of the Estate of Lonnie Elmore, (“Plaintiff”) sent pre-suit notice to Defendants. Relying on the 120-day extension provided for by Tenn. Code Ann. § 29-26- 121(c), Plaintiff filed his complaint alleging wrongful death on November 1, 2021, in the Circuit Court for Jefferson County (“the Trial Court”). Defendants filed a motion to dismiss, pursuant to Tennessee Rule of Civil Procedure 12.02(6), claiming that the accrual of Plaintiff’s cause of action arose no later than June 21, 2020, meaning Plaintiff provided pre-suit notice past the one-year statute of limitations, rendering his complaint untimely. Defendants also argued that Plaintiff failed to comply with the pre-suit notice requirements of Tenn. Code Ann. § 29-26-121(a). The Trial Court disagreed and denied Defendants’ motion to dismiss. This interlocutory appeal, pursuant to Tennessee Rule of Appellate Procedure 9, followed. We reverse.

Posted by: Azya Thornton on Mar 31, 2025

This interlocutory appeal questions the trial court’s denial of benefits based on its determination regarding the employee’s credibility. The employee alleges an injury to his back due to lifting a grate at work. The employer contended it did not receive notice of a work-related accident until the employee filed a petition for benefit determination five months after the alleged injury. The employer also contended the employee’s preexisting condition was the primary cause of his need for surgery and not any work injury. After an expedited hearing, the trial court found the employee’s testimony was inconsistent and lacked credibility, and it issued an order denying the employee’s request for medical and temporary disability benefits. The employee has appealed. Upon careful review of the record, we affirm the trial court’s order and remand the case.

Posted by: Liz Slagle Todaro on Mar 31, 2025

Do you have questions about how the proposed plan for indigent representation will work? Have you had experience as an appointed attorney that you would like to share? There are several ways to connect with TBA to share questions and experiences. Attorneys interested in learning more about TBA's grassroots advocacy efforts can sign up for TBA Grassroots Advocacy Updates, which will highlight related policy content. Attorneys with experience working with clients who are indigent or vulnerable are invited to complete this survey, which includes specific questions about court appointed representation. The TBA's continuing efforts to provide education and resources related to the state's system of appointed counsel also includes the Indigent Representation Primer series, which shares background and updates about indigent representation in Tennessee. More information is available on the TBA's Indigent Representation Resource page.

Posted by: Azya Thornton on Mar 31, 2025

March 24, 2025 - March 28, 2025.

Posted by: Azya Thornton on Mar 31, 2025

Gov. Bill Lee has included $20 million in his amended state budget for victim-serving agencies. According to the Tennessee Lookout, sexual assault centers, domestic violence shelters and child abuse counseling agencies — many of which play key roles in working with law enforcement to bring perpetrators to justice — have seen their share of federal Victims of Crime Act (VOCA) funding decrease from a peak of $68 million in 2018 to $16 million last year. A coalition of victim advocate groups had requested $25 million in recurring state funding but said the governor's additional funds were an important first step. Earlier this month, a domestic violence agency in Memphis closed its doors due to funding issues. VOCA funding relies on fees and fines collected from individuals prosecuted in federal courts. The fund has seen a drop in collections as prosecutors have made a concerted shift to accept more plea deals.

Posted by: Azya Thornton on Mar 31, 2025

The FBI confirmed last week it has established a task force to investigate an increase of vandalism and arson incidents targeting Tesla in recent weeks. According to The Hill, the task force, consisting of 10 people, was launched as a joint effort between the FBI’s Counterterrorism Division and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The task force seeks to counter the violent activity targeting Tesla vehicles and charging stations. The FBI has received reports of 48 incidents involving Tesla so far this month, including at least seven it is investigating with local law enforcement.

Posted by: Azya Thornton on Mar 31, 2025

The U.S. Supreme Court upheld the Biden administration’s regulation of "ghost guns" in a 7-2 decision, rejecting a challenge from gun rights groups and manufacturers. The regulation, enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), requires ghost guns, sold as do-it-yourself kits, to be treated like other firearms, The Hill reports. “Future cases may present other and more difficult questions about ATF’s regulations. But we take cases as they come and today resolve only the question posed to us,” Justice Neil Gorsuch wrote for the majority. Justices Clarence Thomas and Samuel Alito dissented separately, saying they would have invalidated the rule. In 2022, the ATF began regulating ghost guns as any other firearm, subjecting the devices to requirements such as serial numbers and background checks.

Posted by: Azya Thornton on Mar 31, 2025

Metro Nashville Council members and safety advocates have called for increased traffic enforcement in the past. Now new data from the police department shows that officers have stopped 11,496 drivers since the beginning of the year — roughly 3,000 more than at the same point in 2024. The police department says it is committed to focusing efforts on the most dangerous driving behaviors including speeding, reckless driving and impaired driving,” according to the Nashville Banner. The data also shows disparities in the stops. White and Black drivers are being stopped at rates higher than their share of the population. But while less than 0.4% of the stops involving white drivers led to a vehicle search, 2.9% of stops for Black drivers did. Hispanic drivers made up nearly 13% of stops, with 24% of those being arrested — a higher rate than Black or white drivers. Police says that disparity is largely due to arrests for driving without a license.

Posted by: Azya Thornton on Mar 31, 2025

Veteran federal prosecutor Joe Murphy is returning as interim U.S. attorney for the Western District of Tennessee. President Donald Trump announced that Murphy will replace Reagan Fondren, according to The Daily Memphian. “Joe Murphy is a skilled federal prosecutor who has dedicated decades of his career to serving the U.S. Attorney’s Office in Memphis,” Republican Sen. Marsha Blackburn said in a statement. Murphy earned his law degree at the Cecil C. Humphreys School of Law at the University of Memphis and served as an assistant U.S. attorney in Memphis since 1989. He was named the office’s first assistant U.S. attorney in July 2018. Fondren told the paper she was fired as acting U.S. attorney and as a Justice Department employee last Thursday. Read more from the U.S. attorney's office.


Previous • Page 607 of 7,430 • Next