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  • Commentaries
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Tennessee Case Commentaries

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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...
Affirmation of Effective Assistance of Counsel in Post-Conviction Relief: Davis v. State of Tennessee

Affirmation of Effective Assistance of Counsel in Post-Conviction Relief: Davis v. State of Tennessee

Date: Nov 16, 1995
Affirmation of Effective Assistance of Counsel in Post-Conviction Relief: Davis v. State of Tennessee Introduction Russell L. Davis v. State of Tennessee, 912 S.W.2d 689 (Supreme Court of Tennessee,...
Aaron v. Aaron: Supreme Court Upholds Permanent Alimony and Education Expenses

Aaron v. Aaron: Supreme Court Upholds Permanent Alimony and Education Expenses

Date: Nov 7, 1995
Aaron v. Aaron: Supreme Court Upholds Permanent Alimony and Education Expenses Introduction Newton Byrd Aaron, III (Plaintiff-Appellee) appealed the Court of Appeals' decision in his divorce case...
Supremacy of Workers' Compensation Act Over Employer Contracts: Insights from McCALEB v. Saturn Corporation

Supremacy of Workers' Compensation Act Over Employer Contracts: Insights from McCALEB v. Saturn Corporation

Date: Nov 3, 1995
Supremacy of Workers' Compensation Act Over Employer Contracts: Insights from McCALEB v. Saturn Corporation Introduction McCALEB v. Saturn Corporation, 910 S.W.2d 412 (Tenn. 1995), is a pivotal case...
Extension of Tenn. Code Ann. § 40-14-207(b) to Post-Conviction Capital Cases

Extension of Tenn. Code Ann. § 40-14-207(b) to Post-Conviction Capital Cases

Date: Oct 24, 1995
Extension of Tenn. Code Ann. § 40-14-207(b) to Post-Conviction Capital Cases Introduction In the landmark case of Gaile K. Owens and Pervis T. Payne v. State of Tennessee, the Supreme Court of...
Enhancement Factors in Vehicular Homicide Sentencing: Insights from STATE of Tennessee v. Teri Melissa Bingham

Enhancement Factors in Vehicular Homicide Sentencing: Insights from STATE of Tennessee v. Teri Melissa Bingham

Date: Oct 3, 1995
Enhancement Factors in Vehicular Homicide Sentencing: Insights from STATE of Tennessee v. Teri Melissa Bingham Introduction STATE of Tennessee v. Teri Melissa Bingham, 910 S.W.2d 448 (1995), is a...
Procedural Defaults in Tennessee Post-Conviction Relief: House v. State of Tennessee

Procedural Defaults in Tennessee Post-Conviction Relief: House v. State of Tennessee

Date: Sep 26, 1995
Procedural Defaults in Tennessee Post-Conviction Relief: House v. State of Tennessee Introduction House v. State of Tennessee, 911 S.W.2d 705 (Tenn. 1995), is a pivotal Supreme Court of Tennessee...
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