June 1, 2015
Vol. 18, No. 22
2015 TAM CLE CALENDAR
Webinars
Qualifying for TennCare and VA Benefits: Use of Irrevocable
Trusts, 60-minute webinar presented by Alex M. Taylor, with
Kennerley, Montgomery & Finley in Knoxville, on Wednesday, June 24, 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, 60-minute 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
Proving Defamation from the Use of Social Media: A Primer for
Attorneys, 60-minute webinar presented by Marcus Chatterton, with
Balch & Bingham in Birmingham, on Tuesday, June 30, at 10 a.m.
(Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
Maximizing Uninsured Motorist Coverage in Tennessee from the
Plaintiff's Perspective, 60-minute webinar presented by Laura Baker,
with the Law Offices of John Day in Brentwood, on Wednesday, July 8, at
10 a.m. (Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
Tennessee Landlord and Tenant Law: Evictions, Court, and
Litigation, 60-minute webinar presented by Joshua Kahane, with
Glankler Brown in Memphis, on Thursday, July 16, at 2 p.m. (Central), 3
p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Tennessee's New Business Court is Now Open for Business, 60minute webinar presented by Chancellor Ellen Hobbs Lyle, Davidson
County Chancery Court, on Thursday, July 23, at 2 p.m. (Central), 3 p.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
On-Site Event
SUPREME COURT
TORTS: Requirement of TCA 29-26-122(d)(4) that certificate of good
faith disclose number of prior violations of statute does not require
disclosure of absence of any prior violations of statute. Davis ex rel. Davis
v. Ibach, 5/29/15, Jackson, Bivins, 4-0, 5 pages.
http://www.tncourts.gov/sites/default/files/davistopn_1.pdf
COURT OF APPEALS
WORKERS COMPENSATION: When employee fell at work and
suffered injuries, employee began receiving medical treatment, she
subsequently relocated to Minnesota and made request to employer that she
be provided second panel of physicians in order to continue her treatment,
employer denied request, at employees request, workers compensation
specialist from Tennessee Department of Labor and Workforce
Development ordered employer to provide second panel of physicians,
employer requested and received administrative review of specialists order,
Department affirmed order, employer filed petition for writ of certiorari in
chancery court pursuant to TCA 27-8-101 asserting that Department
exceeded its authority by ordering employer to provide second panel of
physicians and physician outside of Tennessee, and trial court held that
Department did not exceed its authority in ordering panel of physicians,
trial court lacked subject matter jurisdiction when employer did not exhaust
benefit review conference process. Goodyear Tire & Rubber Co. v. Davis,
5/26/15, MS, Dinkins, 7 pages.
http://www.tncourts.gov/sites/default/files/goodyeartirerubbervdavisk.opn_.pdf
FAMILY LAW: Evidence did not preponderate against trial courts decision
to award wife alimony in futuro of $1,900 per month when parties had been
married for 29 years, wife was 63 years old at time of divorce, wife had
several significant health problems, wifes earning capacity was relatively
small when compared to husbands wife worked as substitute teacher, while
husband had been employed as letter carrier for U.S. Postal Service for 26
years and wife had made significant intangible contributions to marriage,
including her efforts as homemaker and as mother to parties two children.
Inman v. Inman, 5/26/15, ES, Susano, 9 pages.
http://www.tncourts.gov/sites/default/files/inman_v_inman.pdf
living with C.E. and her 5-year-old daughter from previous relationship, he
was convicted of violating sexual offender registry residency restriction,
TCA 40-39-211, and defendant claimed that because he would not have
been in violation of statute had he married C.E. and been step-parent of
C.E.s 5-year-old daughter, statute infringes on his fundamental liberty
interests, rights to privacy, rights to parenting and rights to marry, statute
is not unconstitutional as applied to defendant in that statute does not
compel defendant to marry C.E. State v. Driver, 5/27/15, Jackson,
Wedemeyer, 15 pages.
http://www.tncourts.gov/sites/default/files/driverjhopn.pdf
PUBLIC CHAPTERS
GOVERNMENT: Removal of authority of local governments to prohibit
carrying of handguns in parks. 2015 PC 250, effective 4/24/15, 3 pages.
http://www.tn.gov/sos/acts/109/pub/pc0250.pdf
testimony failed to specify her job duties. Haynes v. DCI Donor Services,
2/19/15, Switzer, 7 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1058&context=utk_workerscomp
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