Beruflich Dokumente
Kultur Dokumente
May 4, 2015
Vol. 18, No. 18
2015 TAM CLE CALENDAR
Webinars
E-Discovery in Tennessee: Where We Are and Where We Are Going, 60minute webinar presented by Russell Taber, with Riley, Warnock & Jacobson
in Nashville, on Wednesday, May 27, at 10 a.m. (Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
Follow the Money: Finding Applicable Insurance and Collectible Assets in
Auto Injury Cases in Tennessee, 60-minute webinar presented by Burke
Keaty, with the Law Offices of John Day in Brentwood, on Wednesday, May 27,
at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Probate Litigation in Tennessee: Hot Topics and Recent Developments, 60minute webinar presented by Rebecca Blair, with The Blair Law Firm in
Brentwood, on Thursday, May 28, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Change of Custody in Tennessee: Parental Relocation and Other PostDivorce Issues, 60-minute audio conference presented by Kevin Shepherd,
Maryville attorney, on Thursday, June 4, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Affordable Care Act: Impact on Damages in Tennessee, 60-minute webinar
presented by Steven Fuller, Brentwood attorney, on Tuesday, June 9, at 10
a.m. (Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
Tennessee Commercial and Residential Leases: Key Provisions, Tenant
Default, and More, 60-minute webinar presented by Joshua Kahane,
Memphis attorney, on Wednesday, June 9, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Qualifying for TennCare and VA Benefits: Use of Irrevocable Trusts, 60minute webinar presented by Alex M. Taylor, with Kennerley, Montgomery &
Finley in Knoxville, on Wednesday, June24, at 10 a.m. (Central), 11 a.m.
(Eastern).
*Earn 1 hour of GENERAL credit
Life Care Plans: How to Defend a Claim for Future Medical Expenses, 60minute webinar presented by John Alexander, with Rainey, Kizer, Reviere &
Bell in Jackson, on Thursday, June 25, at 10 a.m. (Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information or to register for any of our CLE events, call (800) 727-5257 or visit us
at www.mleesmith.com
COURT OF APPEALS
TORTS: Trial court erred in granting summary judgment to defendants,
Central Parking System of Tennessee, Inc. and Fort Sanders Regional
Medical Center, in suit by plaintiff who fell on curb and step down in
parking garage; reasonable person could conclude that plaintiff was keeping
careful lookout by looking down where she was walking and that despite
her doing so, curb and step down were not open and obvious, and hence,
there is genuine issue of material fact regarding whether plaintiff could
have or should have seen curb and step down and whether any fault
attributable to plaintiff is greater than fault of defendants. Walden v.
Central Parking System of Tennessee Inc., 4/27/15, ES, Swiney, 6 pages.
http://www.tncourts.gov/sites/default/files/waldenjopn.pdf
and relinquish his rights under bylaws; Health Care Quality Improvement
Act (HCQIA) includes procedure for practitioners who wish to challenge
accuracy of reports made to National Practitioner Data Bank (NPDB), but
practitioner is not required to avail himself or herself of administrative
process in order to dispute accuracy of NPDB report, and trial court erred in
so holding and granting TRCP 12.02(1) motion to dismiss; doctor failed to
produce evidence that would create genuine issue of fact as to falsity of
statements in hospitals NPDB report, and hence, trial court erred in
denying hospitals motion for summary judgment; doctor did not produce
evidence that hospital was motivated by something other than reasonable
belief that its action would further quality health care, and hence, there was
no triable issue of fact as to motive for proceeding presented by record, and
hospital was entitled to benefit of presumption that it met standards of 42
USC 11112 of HCQIA. McCord v. HCA Health Services of Tennessee
Inc., 4/27/15, MS, Dinkins, 22 pages.
http://www.tncourts.gov/sites/default/files/mccorddavid.opn2_.pdf
authority and control over their financial and medical decisions, two days
before Roscoes death, Sam withdrew over $600,000 from accounts he held
jointly with Roscoe and Dorothy, and Dorothy filed suit against Sam,
alleging undue influence, trial court properly found that Sam had exercised
undue influence over both Roscoe and Dorothy and had committed
conversion and fraud; trial court erred in awarding attorney fees against
constructive trust created by trial court for use and benefit of Dorothy,
which trust contains all of assets of Roscoes estate, when, although Sams
conduct in wrongfully converting funds in bank accounts was disturbing
and egregious, there was no evidence that he was guilty of intentional
misrepresentation; finding of conversion does not necessarily support award
of attorney fees. Lewis v. Lewis, 4/27/15, ES, Susano, 25 pages.
http://www.tncourts.gov/sites/default/files/lewis_v_lewis_2015-04-27.pdf
FAMILY LAW: Trial court erred in adopting parenting schedule that gives
father only limited periodic weekends for visitation with his 1-year-old
child when there was no evidence supporting finding that either parent is
better suited or situated to have substantially more parenting time than other
and no evidence supporting parenting schedule that substantially limits
fathers parenting time during months of September through May but give
him equal parenting time (alternating weeks) in June, July, and August;
given fact that General Assembly has established aspirational goal for
courts to maximize each parents participation in life of child, trial courts
decision is reversed, and case is remanded with instructions for trial court to
establish parenting schedule that maximizes each parents participation in
life of child. Gooding v. Gooding, 4/29/15, MS, Clement, 13 pages.
http://www.tncourts.gov/sites/default/files/gooding.timothy.opn_.pdf
FAMILY LAW: Trial court did not err by considering and accepting
amount of fathers deposits to his personal bank account as best evidence of
his actual income for child support purposes; trial court erred in failing to
consider amount of self-employment taxes father paid when calculating
fathers child support obligation. Sellers v. Walker, 4/29/15, ES, Frierson,
14 pages.
http://www.tncourts.gov/sites/default/files/sellers.final_.pdf
during nearly 2.5-hour delay between incident and blood draw, and officer failed
to identify any factors that would have delayed process of obtaining warrant and
instead relied solely on his belief that no warrant was required to conduct
mandatory blood draw pursuant to TCA 55-10-406(f)(1); TCA 55-10-406(f)(1),
mandatory blood draw statute, is not unconstitutional and does not dispense with
warrant requirement although statute makes no mention of necessity of warrant,
statutes silence in this regard should not be read as dispensation of warrant
requirement. State v. Brown, 4/30/15, Jackson, McMullen, Easter concurred in
results only, 11 pages.
http://www.tncourts.gov/sites/default/files/brownmelvinopn.pdf
If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond to
this e-mail or call us at (615) 661-0248 in order to request a copy. You
may also view and download the full text of any state appellate court
decision by accessing the states web site by clicking here:
http://www.tncourts.gov