Tennessee Case Commentaries

Ste v. Waters: Constraints on Tennessee’s Taxation of Unauthorized Substances under Article II, Section 28

Date: Jul 25, 2009

Ste v. Waters: Constraints on Tennessee’s Taxation of Unauthorized Substances under Article II, Section 28 Introduction Ste v. Waters (291 S.W.3d 873), adjudicated by the Supreme Court of Tennessee...

Reinforcing Attorney Accountability: Upholding Rigorous Standards in Jes Beard v. Board of Professional Responsibility

Date: Jul 10, 2009

Reinforcing Attorney Accountability: Upholding Rigorous Standards in Jes Beard v. Board of Professional Responsibility Introduction Jes Beard v. Board of Professional Responsibility is a landmark...

Determining Final Judgment in Multiple Entries: Insights from Roger Ball v. Bruce McDowell

Date: Jul 10, 2009

Determining Final Judgment in Multiple Entries: Insights from Roger Ball v. Bruce McDowell Introduction In Roger Ball et al. v. Bruce McDowell et al. (288 S.W.3d 833), the Supreme Court of Tennessee...

Reaffirming Competency Waiver and Batson Protocols in Death Penalty Cases: A Commentary on State v. Kiser

Date: May 14, 2009

Reaffirming Competency Waiver and Batson Protocols in Death Penalty Cases: A Commentary on State of Tennessee v. Marlon Duane Kiser Introduction State of Tennessee v. Marlon Duane Kiser, 284 S.W.3d...

Application of Collateral Estoppel in Felony Murder Charges: STATE of Tennessee v. Joey Dewayne Thompson

Date: May 7, 2009

Application of Collateral Estoppel in Felony Murder Charges: STATE of Tennessee v. Joey Dewayne Thompson Introduction In the landmark case of STATE of Tennessee v. Joey Dewayne Thompson (285 S.W.3d...

Second Injury Fund Liability Limitation in Workers' Compensation: Seiber v. Reeves Logging

Date: May 2, 2009

Second Injury Fund Liability Limitation in Workers' Compensation: Seiber v. Reeves Logging Introduction The case of James R. Seiber v. Reeves Logging et al. (284 S.W.3d 294) adjudicated by the...

Cracker Barrel v. Epperson: Clarifying Attorney Fee Recoverability Under "All Costs and Expenses" Provision

Date: May 2, 2009

Cracker Barrel v. Epperson: Clarifying Attorney Fee Recoverability Under "All Costs and Expenses" Provision Introduction In the landmark case Cracker Barrel Old Country Store, Inc. et al. v. Richard...

Res Judicata and Vicarious Liability: Analysis of Creech v. Addington

Date: Apr 1, 2009

Res Judicata and Vicarious Liability: Analysis of Creech v. Addington Introduction Arthur CREECH et al. v. Robert R. ADDINGTON et al. is a landmark decision by the Supreme Court of Tennessee dated...

Clarifying Willful Abandonment: Tennessee Supreme Court's Ruling in In the Matter of M.L.P. (281 S.W.3d 387)

Date: Mar 28, 2009

Clarifying Willful Abandonment: Tennessee Supreme Court's Ruling in In the Matter of M.L.P. (281 S.W.3d 387) Introduction In the Matter of M.L.P. is a landmark decision by the Supreme Court of...

Brandon T. Bean v. Ste: Establishing Clear Standards for Judicial Recusal in Tennessee

Date: Mar 27, 2009

Brandon T. Bean v. Ste: Establishing Clear Standards for Judicial Recusal in Tennessee Introduction Brandon T. Bean v. Steve Bailey et al. is a landmark case adjudicated by the Supreme Court of...

Tenn. Supreme Court Establishes Limits on Transfer of Habeas Corpus Petitions under Tenn. Code Ann. § 16-1-116

Date: Feb 28, 2009

Tenn. Supreme Court Establishes Limits on Transfer of Habeas Corpus Petitions under Tenn. Code Ann. § 16-1-116 Introduction In Terrance N. Carter v. Rickey Bell, the Supreme Court of Tennessee...

Actual Innocence Claims in Post-Conviction Relief: Insights from James A. Dellinger v. State of Tennessee

Date: Feb 24, 2009

Actual Innocence Claims in Post-Conviction Relief: Insights from James A. Dellinger v. State of Tennessee Introduction James A. Dellinger v. State of Tennessee (279 S.W.3d 282) is a pivotal case...

Clarifying "Knowing" Conduct in Aggravated Child Abuse: Tennessee Supreme Court’s State v. Da

Date: Feb 24, 2009

Clarifying "Knowing" Conduct in Aggravated Child Abuse: Tennessee Supreme Court’s State v. Da Introduction State of Tennessee v. Da (279 S.W.3d 265, 2009) is a pivotal case adjudicated by the Supreme...

Duty of Care in Public Housing: Cheryl Brown Giggers et al. v. Memphis Housing Authority et al.

Date: Feb 4, 2009

Duty of Care in Public Housing: Cheryl Brown Giggers et al. v. Memphis Housing Authority et al. Introduction Cheryl Brown Giggers et al. v. Memphis Housing Authority et al. (277 S.W.3d 359) is a...

Strict Substantial Connection Required for Tennessee Workers' Compensation Claims: Madden v. The Holland Group of Tennessee, Inc.

Date: Feb 4, 2009

Strict Substantial Connection Required for Tennessee Workers' Compensation Claims: Madden v. The Holland Group of Tennessee, Inc. Introduction The Supreme Court of Tennessee, in the landmark case...

Foreclosure Proceedings Do Not Constitute an Increase of Hazard Under Standard Mortgage Clauses in Tennessee

Date: Jan 30, 2009

Foreclosure Proceedings Do Not Constitute an Increase of Hazard Under Standard Mortgage Clauses in Tennessee Introduction The case of U.S. Bank, N.A., as Servicer for the Tennessee Housing...

Establishing Standards for Expert Testimony on Sleep Parasomnia in Criminal Defense: STATE v. SCOTT

Date: Jan 24, 2009

Establishing Standards for Expert Testimony on Sleep Parasomnia in Criminal Defense: STATE v. SCOTT Introduction STATE of Tennessee v. Adrian L. Scott, 275 S.W.3d 395, adjudicated by the Supreme...

New Precedent on Personal Jurisdiction and Statutory Employer Liability in Tennessee Workers' Compensation: Lindsey v. Trinity Communications

Date: Jan 13, 2009

New Precedent on Personal Jurisdiction and Statutory Employer Liability in Tennessee Workers' Compensation: Lindsey v. Trinity Communications Introduction Richard Lindsey v. Trinity Communications,...

Exemption of Monthly Payable Life Insurance Policies from Notice Requirements under Tenn. Code Ann. § 56-7-2303(d)

Date: Nov 25, 2008

Exemption of Monthly Payable Life Insurance Policies from Notice Requirements under Tenn. Code Ann. § 56-7-2303(d) Introduction The case of Robert H. Waldschmidt v. Reassure America Life Insurance...

Tennie Martin v. Norfolk Southern Railway: Establishing Railroad Duty to Maintain Visibility at Crossings

Date: Nov 15, 2008

Tennie Martin v. Norfolk Southern Railway: Establishing Railroad Duty to Maintain Visibility at Crossings Introduction Tennie Martin et al. v. Norfolk Southern Railway Company et al., 271 S.W.3d 76,...