Tennessee Case Commentaries

Jury's Role in Fixing Fines: Insights from State v. Martin

Date: Mar 18, 1997

Jury's Role in Fixing Fines: Insights from State of Tennessee v. John Derrick Martin Introduction State of Tennessee v. John Derrick Martin, decided by the Supreme Court of Tennessee on March 17,...

Restitution and Incarceration: Establishing Legislative Boundaries in Vandalism Sentencing

Date: Mar 11, 1997

Restitution and Incarceration: Establishing Legislative Boundaries in Vandalism Sentencing Introduction The case of STATE of Tennessee v. Shannon Renee Davis (940 S.W.2d 558) adjudicated by the...

Yellow Freight System, Inc. v. Reeser: Employer Liability for Stress-Induced Disability in Hazardous Work Conditions

Date: Feb 25, 1997

Yellow Freight System, Inc. v. Reeser: Employer Liability for Stress-Induced Disability in Hazardous Work Conditions Introduction The case of William R. Reeser, Jr. v. Yellow Freight System, Inc....

Invalidation of Bedford County's Private Act on Solid Waste Disposal Fees

Date: Jan 28, 1997

Invalidation of Bedford County's Private Act on Solid Waste Disposal Fees Introduction The case of The City of Tullahoma, Tennessee, and the City of Shelbyville v. Bedford County, Tennessee, et al.,...

Enforcing Good Faith in Contract Performance: Upholding Bank-Imposed NSF and DIR Fees

Date: Jan 28, 1997

Enforcing Good Faith in Contract Performance: Upholding Bank-Imposed NSF and DIR Fees Introduction The case of April Wallace, Vickie Gwin, et al. v. National Bank of Commerce, et al. adjudicated by...

Outrageous Conduct and Negligent Infliction of Emotional Distress: Tennessee Supreme Court Sets New Precedent

Date: Jan 14, 1997

Outrageous Conduct and Negligent Infliction of Emotional Distress: Tennessee Supreme Court Sets New Precedent Introduction In the landmark case of Jerry Bain and Sue Bain v. Dr. Wayne Wells and...

Tennessee Supreme Court Expands Criminal Contempt Scope and Affirms Authority to Award Attorney’s Fees

Date: Dec 24, 1996

Tennessee Supreme Court Expands Criminal Contempt Scope and Affirms Authority to Award Attorney’s Fees Introduction The case of Stevan L. Black, as Amicus Curiae, Petitioner/Appellant v. James E....

Commencement of Statute of Limitations in Employment Discrimination Cases: Weber v. Moses (1996)

Date: Dec 24, 1996

Commencement of Statute of Limitations in Employment Discrimination Cases: Weber v. Moses (1996) 1. Introduction The case of Blake Weber v. Jack Moses, Individually, and Jefferson Pilot Life...

Double Jeopardy Protections Reinforced in Tennessee Supreme Court's 1996 Decision

Date: Dec 3, 1996

Double Jeopardy Protections Reinforced in Tennessee Supreme Court's 1996 Decision Introduction The Tennessee Supreme Court's decision in State of Tennessee v. John Michael Denton, Appellant. William...

STATE v. GOAD: Reinforcing Standards for Effective Assistance of Counsel in Capital Sentencing

Date: Dec 3, 1996

STATE v. GOAD: Reinforcing Standards for Effective Assistance of Counsel in Capital Sentencing Introduction STATE v. GOAD, 938 S.W.2d 363 (Tenn. 1996), is a seminal case decided by the Supreme Court...

State v. Abrams: Establishing the Sufficiency of Evidence in First-Degree Murder Convictions

Date: Nov 13, 1996

State v. Abrams: Establishing the Sufficiency of Evidence in First-Degree Murder Convictions Introduction State of Tennessee v. Ovid C. Abrams is a seminal case decided by the Supreme Court of...

Affirmation of Non-Custodial Admissions and Legislative Abrogation of Counselor Privilege in Child Sexual Abuse Cases: STATE of Tennessee v. Nathan Smith

Date: Nov 13, 1996

Affirmation of Non-Custodial Admissions and Legislative Abrogation of Counselor Privilege in Child Sexual Abuse Cases: STATE of Tennessee v. Nathan Smith Introduction The case of STATE of Tennessee,...

Strict Compliance with Rule 37(b)(2)(iv) for Reserving Dispositive Legal Questions Affirmed in STATE of Tennessee v. Pendergrass

Date: Nov 13, 1996

Strict Compliance with Rule 37(b)(2)(iv) for Reserving Dispositive Legal Questions Affirmed in State of Tennessee v. Pendergrass Introduction State of Tennessee v. Sheryl L. Pendergrass, 937 S.W.2d...

Randolph v. Randolph: Defining "Knowledgeably" in Antenuptial Agreements

Date: Oct 29, 1996

Randolph v. Randolph: Defining "Knowledgeably" in Antenuptial Agreements Introduction Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996), is a pivotal case adjudicated by the Supreme Court of...

Balancing Duty of Care for Business Owners in Third-Party Criminal Acts: McClung v. Wal-Mart

Date: Oct 29, 1996

Balancing Duty of Care for Business Owners in Third-Party Criminal Acts: McClung v. Wal-Mart Introduction McClung v. Wal-Mart Stores, Inc. is a landmark case adjudicated by the Supreme Court of...

Admissibility of Child Declarants under Rule 803(4): Insights from STATE of Tennessee v. McLeod and Young

Date: Oct 15, 1996

Admissibility of Child Declarants under Rule 803(4): Insights from STATE of Tennessee v. McLeod and Young Introduction The Supreme Court of Tennessee, in the consolidated appeals of STATE of...

Affirming Judicial Discretion in Sentencing: STATE of Tennessee v. Karen Sue Boggs

Date: Oct 15, 1996

Affirming Judicial Discretion in Sentencing: STATE of Tennessee v. Karen Sue Boggs Introduction STATE of Tennessee v. Karen Sue Boggs (932 S.W.2d 467) is a significant case adjudicated by the Court...

Unvested Retirement Benefits and Increased Equity in Separate Property as Marital Property: Insights from Pamela Dianne Lomax Cohen v. Jay Ste

Date: Sep 17, 1996

Unvested Retirement Benefits and Increased Equity in Separate Property as Marital Property: Insights from Pamela Dianne Lomax Cohen v. Jay Ste Introduction Pamela Dianne Lomax Cohen, the plaintiff,...

Reaffirming the Reasonable Person Standard in Custody Determinations: Analysis of STATE of Tennessee v. Joe L. Anderson

Date: Sep 17, 1996

Reaffirming the Reasonable Person Standard in Custody Determinations: Analysis of STATE of Tennessee v. Joe L. Anderson Introduction STATE of Tennessee v. Joe L. Anderson is a pivotal case decided by...

Exclusion of Repossession Activities from the Tennessee Consumer Protection Act: Purcell v. First American National Bank

Date: Sep 17, 1996

Exclusion of Repossession Activities from the Tennessee Consumer Protection Act: Purcell v. First American National Bank Introduction Purcell v. First American National Bank is a landmark decision by...