Tennessee Case Commentaries

Clarifying the Law of Removal in Child Custody: Gene V. AABY v. Judy E. Aaby Strange

Date: Jun 25, 1996

Clarifying the Law of Removal in Child Custody: Gene V. AABY v. Judy E. Aaby Strange Introduction The case of Gene V. AABY, Plaintiff-Appellee, v. Judy E. Aaby STRANGE, Defendant-Appellant (924...

Application of the Exclusionary Rule to Extended Detention Under Tenn. R. Crim. P. 5(a): Tennessee v. Huddleston

Date: Jun 18, 1996

Application of the Exclusionary Rule to Extended Detention Under Tenn. R. Crim. P. 5(a): Tennessee v. Huddleston Introduction Tennessee v. Huddleston is a landmark case adjudicated by the Supreme...

Media Intervention and Protective Orders: Insights from Ballard v. Herzke et al.

Date: Jun 11, 1996

Media Intervention and Protective Orders: Insights from Ballard v. Herzke et al. Introduction The Supreme Court of Tennessee's decision in Ballard v. Herzke et al., 924 S.W.2d 652 (Tenn. 1996), marks...

Sealed Presentments and the Right to a Speedy Trial: Tennessee Supreme Court Establishes Precedent

Date: May 7, 1996

Sealed Presentments and the Right to a Speedy Trial: Tennessee Supreme Court Establishes Precedent Introduction The case of State of Tennessee v. Terry E. Wood addresses a critical issue concerning...

Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings

Date: Apr 30, 1996

Supreme Court of Tennessee Establishes Rigorous Standards for Sexual Harassment Claims in Academic Settings Introduction In the landmark case of Dr. Powell D. McClellan v. The Board of Regents of the...

Clarifying the Application of Sentencing Enhancement Factor (7) in Aggravated Sexual Battery: State v. Kissinger and State v. Roberson

Date: Apr 30, 1996

Clarifying the Application of Sentencing Enhancement Factor (7) in Aggravated Sexual Battery: State v. Kissinger and State v. Roberson Introduction State of Tennessee v. Michael R. Kissinger and...

Termination of Parental Rights in Severe Child Abuse Cases: Nash-Putnam v. McCloud

Date: Apr 23, 1996

Termination of Parental Rights in Severe Child Abuse Cases: Nash-Putnam v. McCloud Introduction Jon Saxton Nash-Putnam and Sandra Elaine Nash-Putnam v. Lou Anne McCloud, 921 S.W.2d 170 (Supreme Court...

Enforceability of Physician-Patient Arbitration Agreements under the Tennessee Arbitration Act

Date: Apr 2, 1996

Enforceability of Physician-Patient Arbitration Agreements under the Tennessee Arbitration Act Introduction The case of Be v. Raly Buraczynski and Stanley Parker, reported in 919 S.W.2d 314, presents...

Conviction for Uncharged Offenses and Sixth Amendment Rights: STATE of Tennessee v. Wayne M. Trusty

Date: Mar 26, 1996

Conviction for Uncharged Offenses and Sixth Amendment Rights: STATE of Tennessee v. Wayne M. Trusty Introduction STATE of Tennessee v. Wayne M. Trusty, 919 S.W.2d 305 (Tenn. 1996), is a pivotal case...

Tennessee Supreme Court Recognizes Non-Explicit Discriminatory Conduct as Hostile Work Environment Under Civil Rights Laws

Date: Mar 12, 1996

Tennessee Supreme Court Recognizes Non-Explicit Discriminatory Conduct as Hostile Work Environment Under Civil Rights Laws Introduction In Brenda CAMPBELL v. FLORIDA STEEL CORPORATION, 919 S.W.2d 26...

Authority of Trial Judges in Plea Bargain Rejections and the Constitutionality of Aggravating Circumstances in Capital Sentencing: Insights from STATE v. HINES

Date: Mar 12, 1996

Authority of Trial Judges in Plea Bargain Rejections and the Constitutionality of Aggravating Circumstances in Capital Sentencing: Insights from STATE v. HINES 1. Introduction Parties Involved:...

Ensuring Non-Discriminatory Jury Selection in Civil Cases: Insights from Wongson v. Porter Brown Limestone Co.

Date: Feb 15, 1996

Ensuring Non-Discriminatory Jury Selection in Civil Cases: Insights from Wongson v. Porter Brown Limestone Co. Introduction The case of Bennie Woodson, as Administrator of the Estate of Elizabeth W....

Discovery Rule Applied in Asbestos-Related Personal Injury Claims: Statute of Limitations Commenced Upon Diagnosis

Date: Feb 6, 1996

Discovery Rule Applied in Asbestos-Related Personal Injury Claims: Statute of Limitations Commenced Upon Diagnosis Introduction The case of Herbert Wyatt, et ux. v. A-Best, Company, Inc., adjudicated...

Limiting Employer Fault Attribution in Comparative Negligence: Analysis of Da v. d E. Ridings

Date: Jan 30, 1996

Limiting Employer Fault Attribution in Comparative Negligence: Analysis of Da v. d E. Ridings Introduction Da v. d E. Ridings, 914 S.W.2d 79 (Tenn. 1996), adjudicated by the Supreme Court of...

Establishing Comparative Fault Principles in Transitional Cases: A Detailed Commentary on Owens v. Truckstops of America

Date: Jan 30, 1996

Establishing Comparative Fault Principles in Transitional Cases: A Detailed Commentary on Owens v. Truckstops of America Introduction The case of Joseph Carl Owens v. Truckstops of America, Inc. (915...

Tennessee Supreme Court Establishes General Negligence Framework for Emotional Distress and Affirms Family Purpose Doctrine

Date: Jan 30, 1996

Tennessee Supreme Court Establishes General Negligence Framework for Emotional Distress and Affirms Family Purpose Doctrine Introduction The case of Bobby L. Camper, III v. Daniel B. Minor et al....

Tennessee Supreme Court Expands Inverse Condemnation Criteria Beyond Direct Overflight

Date: Jan 30, 1996

Tennessee Supreme Court Expands Inverse Condemnation Criteria Beyond Direct Overflight Introduction In the landmark case of Richard E. Jackson and Jaquelyn R. Jackson v. Metropolitan Knoxville...

Limitations of Administrative Agencies on Constitutional Challenges: Insights from Richardson v. Tennessee Board of Dentistry

Date: Dec 29, 1995

Limitations of Administrative Agencies on Constitutional Challenges: Insights from Richardson v. Tennessee Board of Dentistry Introduction The case of Harold Richardson v. Tennessee Board of...

Implied Consent Authority in DUI Cases: Tennessee Supreme Court Establishes Officer's Prerogative in Test Selection

Date: Dec 29, 1995

Implied Consent Authority in DUI Cases: Tennessee Supreme Court Establishes Officer's Prerogative in Test Selection Introduction The case of STATE of Tennessee v. Sam Austin Turner (913 S.W.2d 158,...

Liability of Drivers with Known Medical Conditions: McCall v. Wilder

Date: Dec 12, 1995

Liability of Drivers with Known Medical Conditions: McCall v. Wilder Introduction Lisa A. McCall, the plaintiff-appellant, initiated a negligence action against Edgar A. Wilder, the administrator of...

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