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  • Commentaries
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Tennessee Case Commentaries

Enforceability of Arbitration Clauses under the Federal Arbitration Act: Insights from Sharon Taylor v. Douglas Butler and City Auto Sales

Enforceability of Arbitration Clauses under the Federal Arbitration Act: Insights from Sharon Taylor v. Douglas Butler and City Auto Sales

Date: Sep 1, 2004
Enforceability of Arbitration Clauses under the Federal Arbitration Act: Insights from Sharon Taylor v. Douglas Butler and City Auto Sales Introduction In the landmark case Sharon Taylor v. Douglas...
Retroactive Application of Parental Termination Statutes: Supreme Court of Tennessee's Landmark Decision in D.A.H. v. Cope

Retroactive Application of Parental Termination Statutes: Supreme Court of Tennessee's Landmark Decision in D.A.H. v. Cope

Date: Aug 28, 2004
Retroactive Application of Parental Termination Statutes: Supreme Court of Tennessee's Landmark Decision in D.A.H. v. Cope Introduction The case of In the Matter of D.A.H., DOB 12/11/00, a Child...
State v. Berry: Upholding Tennessee's Capital Sentencing Procedures and Indictment Sufficiency

State v. Berry: Upholding Tennessee's Capital Sentencing Procedures and Indictment Sufficiency

Date: Aug 24, 2004
State v. Berry: Upholding Tennessee's Capital Sentencing Procedures and Indictment Sufficiency Introduction State of Tennessee v. Gdongalay P. Berry is a pivotal case adjudicated by the Supreme Court...
Reevaluation of Reckless Aggravated Assault and Double Jeopardy Protections in STATE of Tennessee v. Tracy Lorenzo Goodwin

Reevaluation of Reckless Aggravated Assault and Double Jeopardy Protections in STATE of Tennessee v. Tracy Lorenzo Goodwin

Date: Jun 17, 2004
Reevaluation of Reckless Aggravated Assault and Double Jeopardy Protections in STATE of Tennessee v. Tracy Lorenzo Goodwin Introduction STATE of Tennessee v. Tracy Lorenzo Goodwin, decided on June...
Rebutting the Presumption of Causation in Workers’ Compensation: Bohanian v. City of Knoxville

Rebutting the Presumption of Causation in Workers’ Compensation: Bohanian v. City of Knoxville

Date: Jun 17, 2004
Rebutting the Presumption of Causation in Workers’ Compensation: Bohanian v. City of Knoxville Introduction Arthur M. Bohanian v. City of Knoxville is a seminal case adjudicated by the Supreme Court...
Retrospective Application of Statutory Amendments in Capital Sentencing: Insights from STATE OF TENNESSEE v. RICHARD ODOM

Retrospective Application of Statutory Amendments in Capital Sentencing: Insights from STATE OF TENNESSEE v. RICHARD ODOM

Date: May 22, 2004
Retrospective Application of Statutory Amendments in Capital Sentencing: Insights from STATE OF TENNESSEE v. RICHARD ODOM Introduction STATE OF TENNESSEE v. RICHARD ODOM, a/k/a OTIS SMITH is a...
Overruling GRAY v. FORD MOTOR CO.: No Comparative Fault Against Patients in Medical Malpractice Cases in Tennessee

Overruling GRAY v. FORD MOTOR CO.: No Comparative Fault Against Patients in Medical Malpractice Cases in Tennessee

Date: May 4, 2004
Overruling GRAY v. FORD MOTOR CO.: No Comparative Fault Against Patients in Medical Malpractice Cases in Tennessee Introduction The case of Sally Qualls Mercer, et al. v. Vanderbilt University, Inc.,...
Tennessee Supreme Court Clarifies Enforceability of Postnuptial Agreements: Emphasis on Consideration

Tennessee Supreme Court Clarifies Enforceability of Postnuptial Agreements: Emphasis on Consideration

Date: May 1, 2004
Tennessee Supreme Court Clarifies Enforceability of Postnuptial Agreements: Emphasis on Consideration Introduction The case of Cynthia Lee Bratton v. Michael Wayne Bratton (136 S.W.3d 595)...
Serrano v. State of Tennessee: Clarifying the Scope of Waivers in Post-Conviction Relief

Serrano v. State of Tennessee: Clarifying the Scope of Waivers in Post-Conviction Relief

Date: Apr 23, 2004
Serrano v. State of Tennessee: Clarifying the Scope of Waivers in Post-Conviction Relief Introduction Oscar A. Serrano v. State of Tennessee, 133 S.W.3d 599 (Tenn. 2004), is a pivotal case...
Termination of Parental Rights under Tenn. Code Ann. § 36-1-113: A Comprehensive Analysis of In re M.J.B. M.W.S., JR.

Termination of Parental Rights under Tenn. Code Ann. § 36-1-113: A Comprehensive Analysis of In re M.J.B. M.W.S., JR.

Date: Apr 9, 2004
Termination of Parental Rights under Tenn. Code Ann. § 36-1-113: A Comprehensive Analysis of In re M.J.B. M.W.S., JR. Introduction The case of In re M.J.B. M.W.S., JR. (140 S.W.3d 643) adjudicated by...
Jurisdiction and Public Records Disposal in State v. F. Chris Cawood

Jurisdiction and Public Records Disposal in State v. F. Chris Cawood

Date: Mar 23, 2004
Jurisdiction and Public Records Disposal in State v. F. Chris Cawood Introduction State of Tennessee v. F. Chris Cawood, 134 S.W.3d 159 (2004), adjudicated by the Supreme Court of Tennessee at...
Constructive Notice in Tennessee Premises Liability: Blair v. West Town Mall Establishes New Standards

Constructive Notice in Tennessee Premises Liability: Blair v. West Town Mall Establishes New Standards

Date: Mar 12, 2004
Constructive Notice in Tennessee Premises Liability: Blair v. West Town Mall Establishes New Standards Introduction In the landmark case Shamery Blair and Titus Blair v. West Town Mall, 130 S.W.3d...
Standing and Jurisdiction in Termination of Parental Rights: Insights from Osborn v. Marr

Standing and Jurisdiction in Termination of Parental Rights: Insights from Osborn v. Marr

Date: Jan 24, 2004
Standing and Jurisdiction in Termination of Parental Rights: Insights from Osborn v. Marr Introduction Christy Renee Osborn v. Justin Chandler Marr, 127 S.W.3d 737, adjudicated by the Supreme Court...
Intentional Infliction of Emotional Distress: GINNIE LEACH v. TIM TAYLOR and LARRY TAYLOR

Intentional Infliction of Emotional Distress: GINNIE LEACH v. TIM TAYLOR and LARRY TAYLOR

Date: Jan 21, 2004
Establishing the Application of the Discovery Rule in Intentional Infliction of Emotional Distress Claims: Insights from GINNIE LEACH v. TIM TAYLOR and LARRY TAYLOR Introduction The landmark case...
Defining Effective Appellate Counsel: Insights from Carpenter v. State of Tennessee

Defining Effective Appellate Counsel: Insights from Carpenter v. State of Tennessee

Date: Jan 14, 2004
Defining Effective Appellate Counsel: Insights from Carpenter v. State of Tennessee Introduction Carpenter v. State of Tennessee is a pivotal case adjudicated by the Supreme Court of Tennessee in...
Presumption of Prejudice in Delayed Appeals for Ineffective Assistance of Counsel: Donald Wallace v. State of Tennessee

Presumption of Prejudice in Delayed Appeals for Ineffective Assistance of Counsel: Donald Wallace v. State of Tennessee

Date: Dec 24, 2003
Presumption of Prejudice in Delayed Appeals for Ineffective Assistance of Counsel: Donald Wallace v. State of Tennessee Introduction Donald Wallace v. State of Tennessee, 121 S.W.3d 652 (Tenn. 2003),...
Three-Year Statute of Limitations for Negligence in Non-Medical Laboratory Testing: Gunter v. LabCorp

Three-Year Statute of Limitations for Negligence in Non-Medical Laboratory Testing: Gunter v. LabCorp

Date: Dec 20, 2003
Three-Year Statute of Limitations for Negligence in Non-Medical Laboratory Testing: Gunter v. LabCorp Introduction Stanley A. Gunter v. Laboratory Corporation of America d/b/a LabCorp, et al. is a...
Flannary v. Flannary: Reclassification of Missing Funds and Consideration of Financial Responsibility in Marital Property Division

Flannary v. Flannary: Reclassification of Missing Funds and Consideration of Financial Responsibility in Marital Property Division

Date: Dec 17, 2003
Flannary v. Flannary: Reclassification of Missing Funds and Consideration of Financial Responsibility in Marital Property Division Introduction Flannary v. Flannary, 121 S.W.3d 647 (Tenn. 2003), is a...
Affirmation of Guilty Plea Validity Despite Partial Disclosure of Parole Criteria in Sex Offense Cases

Affirmation of Guilty Plea Validity Despite Partial Disclosure of Parole Criteria in Sex Offense Cases

Date: Dec 6, 2003
Affirmation of Guilty Plea Validity Despite Partial Disclosure of Parole Criteria in Sex Offense Cases Introduction CLESSIE JACO, JR. v. STATE OF TENNESSEE, 120 S.W.3d 828 (Tenn. 2003), presents a...
Clarifying Time Limits for Workers' Compensation Reconsideration: Perrin v. Gaylord Entertainment Co.

Clarifying Time Limits for Workers' Compensation Reconsideration: Perrin v. Gaylord Entertainment Co.

Date: Dec 6, 2003
Clarifying Time Limits for Workers' Compensation Reconsideration: Perrin v. Gaylord Entertainment Co. Introduction Perrin v. Gaylord Entertainment Co. is a pivotal case adjudicated by the Supreme...
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