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FACULTY: Judge Robert L. Childers, circuit court, Shelby County;
Judge Phillip Robinson, circuit court, Davidson County; Judge Joseph
Woodruff, circuit court, 21st Judicial District (Hickman, Lewis, Perry, and
Williamson counties); and Judge Thomas Wright, circuit court, 3rd Judicial
Circuit (Greene, Hamblen, Hancock, and Hawkins counties); along with
attorneys Amy J. Amundsen, Rice, Amundsen & Caperton PLLC,
Memphis; John J. Hollins, Jr., Hollins, Raybin & Weissman PC, Nashville;
Cathy Speers Johnson, Thompson Burton PLLC, Nashville; Stanley A.
Kweller, Jackson, Kweller, McKinney, Hayes, Lewis & Garrett, Nashville;
Marlene Moses, MTR Family Law, PLLC, Nashville; Linley Richter, Jr.,
Richter & Rasberry, P.C., Memphis; Kevin Shepherd, Maryville attorney;
Greg Smith, Stites & Harbison PLLC, Nashville; Jason Talley, Cheatham,
Palermo & Garrett Law; and Jacob Thorington, Cheatham, Palermo &
Garrett Law, Nashville
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fees, contempt, and child custody modification; marketing yourself and your
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cohabiting couples and same-sex marriages; attorney fees in family matters and
contempt; case law/legislative update; and ethical considerations in family law.
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defendant and her release from treatment on 3/20/13, and plaintiff filed
workers compensation complaint on 8/13/13, trial court erred in ruling that
plaintiff had meaningful return to work and applying 1.5 times cap; even
layoff of employee for purely economic reasons following employees postinjury return to work may be deemed termination of employment
relationship which results in absence of meaningful return to work and
inapplicability of 1.5 times cap; temporary nature of plaintiffs employment
with defendant following her termination and contractual extension is not
relevant to application of meaningful return to work concept; trial court
appears to have based its finding that plaintiff had meaningful return to
work upon plaintiffs return to work immediately after accident and her
continuing to work until expiration of her contract, but, at that point in time,
plaintiff had not reached maximum medical impairment and had not
received any restrictions, and hence, it was premature for trial court to make
its meaningful return to work determination based on that point in time.
Swaner v. G4S Youth Services LLC, 9/14/15, Nashville, Cantrell, 12 pages.
http://www.tncourts.gov/sites/default/files/g4s-swaneropnjo.pdf
COURT OF APPEALS
TORTS: In defamation and false light invasion of privacy action based on
allegedly defamatory newspaper article published by defendant newspaper,
reporter, editor, and publisher detailing plaintiffs involvement in recentlyapproved investment by Memphis City Council to fund revitalization of
Southbrook Mall located in Whitehaven neighborhood of Memphis, trial
court erred in concluding that fair report privilege applied when
councilmans statement could reasonably be read as involving unofficial,
off-the record statement that lack[s] the dignity and authoritative weight
of official actions and proceedings; article did not form assertion under
which plaintiffs claim of defamation can be sustained for purpose of
motion to dismiss when article raised question about plaintiffs involvement
in Southbrook Mall project and whether he was being honest with city
officials, but question raised did not constitute assertion by defendant that
plaintiff was either hiding his involvement or deceiving city officials;
statements were capable of being defamatory sufficient to avoid dismissal
of plaintiffs claim of defamation by implication when plain and natural
import of articles language and implications suggest that plaintiff had not
been forthright with city leaders regarding his control or financial interest
over project, and nature of these allegations may hold plaintiff up to ridicule
and disparage any reputation he had as fair and forthright businessman.
Grant v. Commercial Appeal, 9/18/15, ES, Stafford, 22 pages.
http://www.tncourts.gov/sites/default/files/grantgopn.pdf
ESTATES & TRUSTS: When decedent was married twice and had four
children with first wife and three with second, Doyle, son of second
marriage, sought to have admitted to probate will providing bequests of
$1,000 to other children, stating that decedent had considered children of
deceased child and omitted them from share of estate, and rest, residue, and
remainder of decedents estate was bequeathed to Doyle, and three children
filed complaint to contest will, evidence did not preponderate against trial
courts finding that confidential relationship existed between Doyle and
decedent when decedent placed confidence in Doyle with regard to
activities of daily living and financial affairs, among other things, and that
because of that confidence Doyle had ability to influence and exercise
dominion and control over decedent; evidence did not preponderate against
trial courts finding that Doyle had failed to rebut presumption of undue
influence by clear and convincing evidence when decedent was 90 years old
when he executed will, had previously suffered stroke, and had diabetes,
decedent had between third and sixth grade education, and two other
children from decedents second marriage, testified that they offered to do
more to assist decedent and that they were told by Doyle that they could not
and that he had things under control, and that they were unaware of
existence of will and its terms until after decedents death. In re Estate of
Dukes, 9/11/15, ES, Swiney, 23 pages.
http://www.tncourts.gov/sites/default/files/inreestateofdoyleidukesopn.pdf
not come about wife (including coming by or to shared residence) for any
purpose and must not contact wife, either directly or indirectly, by phone,
email, messages, text messages, mail or any other type of communication or
contact, order of protection was not ambiguous order clearly instructed
defendant to refrain from coming about wife and coming by their
previously shared residence, and ordinary person would understand orders
prohibitions; defendant did not violate protective order when he came
about wife in shopping plaza or came about wifes residence while
traveling to cookout, but husband knowingly violated order of protection
when he stopped his vehicle on road and tried to take picture of wife and
her male friend. State v. Daniel, 9/16/15, Nashville, Witt, 9 pages.
http://www.tncourts.gov/sites/default/files/danieldonadedwardopn.pdf
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