Академический Документы
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Культура Документы
September 5, 2016
Vol. 19, No. 36
TAM Webinars
FDCPA: Critical Changes and Current Developments, 60-minute
webinar presented by Ned Hildebrand, with Dunham Hildebrand in
Nashville, on Thursday, October 13, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
Slip & Fall Cases in Tennessee: Gathering Evidence, Trial Tactics, and
Using Experts, 90-minute webinar presented by Bryan Moseley, with
Moseley & Moseley in Murfreesboro, on Thursday, October 20, at 2 p.m.
(Central), 3 p.m. (Eastern).
*Earn 1.5 hours of GENERAL credit
Attorneys Civil Rights Update: Excessive Force, Unlawful Arrest, and
More, 90-minute audio conference presented by Bryan Moseley, with
Moseley & Moseley in Murfreesboro, on Tuesday, November 1, at 2 p.m.
(Central), 3 p.m. (Eastern).
*Earn 1.5 hours of GENERAL credit
Sheppard, Nashville; Chancellor Larry McMillan, chancery court, 19th Judicial District
(Montgomery and Robertson counties); Marlene Moses, MTR Family Law, PLLC,
Nashville; Kevin Shepherd, Maryville attorney; Judge Keith Siskin, circuit court, 16th
Judicial District (Cannon and Rutherford counties); Greg Smith, Stites & Harbison
PLLC, Nashville; and Judge Thomas Wright, circuit court, 3rd Judicial District (Greene,
Hamblen, Hancock, and Hawkins counties)
DECEMBER FACULTY: William (Will) Bell, Jr., Rainey, Kizer, Reviere & Bell
PLC, Jackson; Rebecca Blair, The Blair Law Firm, Brentwood; David Callahan,
Goodman Callahan & Blackstone, PLLC, Nashville; Harlan Dodson, Dodson, Parker,
Behm & Capparella P.C., Nashville; Donald J. Farinato, Hodges, Doughty & Carson,
PLLC, Knoxville; Glen Kyle, Monica Franklin & Associates, LLC, Knoxville; Ralph
Levy, Jr., Dickinson Wright PLLC, Nashville; Carla Lovell, Sherrard Roe Voight &
Harbison, PLC, Nashville; Hunter R. Mobley, Howard Mobley Hayes & Gontarek,
PLLC, Nashville; Jeff Mobley, Howard Mobley Hayes & Gontarek, PLLC, Nashville;
Julie Travis Moss, The Blair Law Firm, Brentwood; Michelle Poss, Sobel, Poss &
Moore, Nashville; Timothy L. Takacs, CELA, Elder Law Practice of Timothy L.
Takacs, Hendersonville; and M. Matthew Thornton, Bourland, Heflin, Alvarez, Minor
& Matthews, PLC, Memphis.
HIGHLIGHTS: Use of various trusts as estate planning tools; tips for drafting wills
in 2016; trust drafting tips with samples; duties and liabilities of fiduciaries; structuring
marital agreements to deal with estate planning issues; what to look for in reviewing
HIGHLIGHTS: Youll hear from Chief Judge Ken Switzer and Judge Pam
Johnson, with the Court of Workers Compensation Claims, as well as Judges Tim
Conner and Marshall Davidson of the Workers Compensation Appeals Board; youll
gain insight on causation issues under the new law from a panel of attorneys and
physicians, hear about when it is appropriate to terminate an employee who has filed a
workers comp claim, and receive a comparison of how workers comp injuries are
resolved under the old (pre-July 1, 2014) versus the new (post-July 1, 2014) law;
youll get an update on the latest rulings from the Workers Compensation Appeals
Panels, the Workers Compensation Appeals Board, and the Court of Workers
Compensation Claims; youll hear from Bureau of Workers Compensation
representatives on the employer penalty process, Drug Formulary, pain management
rules, and the ombudsman/mediation program; and youll also get up to date on
complex issues, such as Medicare set-asides, handling disputes over an employees
future medical benefits, new pain management rules, hot topics from the plaintiffs
perspective, and ethical issues arising under the new law.
HIGHLIGHTS: Get an overview from Chancellor Ellen Hobbs Lyle about the
practice and procedures in the states new business court; get up to date on the latest
developments in the areas of personal injury, family law, and real estate; get practice
pointers from Hamilton County Circuit Judge Neil Thomas on oral and written skills to
use in filing and presenting various pretrial motions; learn the ins and outs of appellate
practice and procedure and the deferential abuse of discretion standard of review from
Court of Appeals Judge Frank Clement; get tips and strategies on advising your clients
about the time overtime procedure, which is set to take effect on December 1; learn how
to use websites and social media to promote yourself and your law practice; get an
insiders perspective from the Chief Disciplinary Counsel on the Boards recent
developments; gain insight from Court of Appeals Judge Thomas Frierson on accepting,
terminating, or declining representation.
SUPREME COURT
COMMERCIAL LAW: Second paragraph of commercial lease, which
followed paragraph clearly indicating that parties agreed that individual would
be personally responsible for tenant's obligations, was effective to bind
individual; to presume that individual's second signature was in representative
capacity, where it is undisputed that his first signature was in same capacity,
would be to presume that second signature is nullity. MLG Enterprises LLC
v. Johnson, 9/2/16, Nashville, Bivins, unanimous, 11 pages.
http://www.tncourts.gov/sites/default/files/mlgenterprisesopn.pdf
COURT OF APPEALS
DAMAGES: In case in which plaintiff, customer in defendant store,
attempted to stand from toilet, lost his balance, causing him to grab handrail,
handrail pulled away from wall, causing plaintiff to fall and hit his head, jury
returned verdict against defendant and awarded damages of $350,000, and
trial court entered judgment for $250,000, amount requested by plaintiff,
amount of damages awarded by jury as reduced was supported by material
evidence when testimony presented established that plaintiff changed his
course of study and abandoned approximate 14-year career in field of
television and video production as result of accident and while he has
excelled in new field of employment, plaintiff continues to suffer from
debilitating migraines that require him to get out of the light and stay in
dark, cool space until pain subsides. Glasgow v. K-VA-T Food Stores Inc.,
8/31/16, Knoxville, McClarty, 5 pages.
http://www.tncourts.gov/sites/default/files/glasgowopn.pdf
CRIMINAL PROCEDURE: In first degree murder case, trial court did not
abuse discretion by admitting incriminating text messages sent by defendant
to his cousin (Lewis), without admitting messages Lewis sent in response,
when consideration of Lewiss text messages was unnecessary to place
admitted proof into context or to explain admitted proof jury did not need
to see entire text exchange in order to ensure fair and impartial
understanding of proof and was, therefore, not misled by hearing only
defendants text messages read aloud. State v. Bond, 8/31/16, Nashville,
Wedemeyer, 28 pages.
http://www.tncourts.gov/sites/default/files/bondrkopn.pdf
leg when he woke up at motel while working out of state. Harper v. USF
Holland Trucking Co., 4/22/16, Cookeville, Durham, 10 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1397&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