Documente Academic
Documente Profesional
Documente Cultură
OCTOBER FACULTY: William (Will) Bell, Jr., Rainey, Kizer, Reviere & Bell
PLC, Jackson; Rebecca Blair, The Blair Law Firm, Brentwood; David Callahan,
Goodman Callahan & Blackstone, PLLC, Nashville; Michael W. Dale, Harvill Ross
Hogan and Ragland, Clarksville; Harlan Dodson, Dodson, Parker, Behm & Capparella
P.C., Nashville; Donald J. Farinato, Hodges, Doughty & Carson, PLLC, Knoxville;
Glen Kyle, Monica Franklin & Associates, LLC, Knoxville; Carla Lovell, Sherrard
Roe Voight & Harbison, PLC, Nashville; Barbara Boone McGinnis, Elder Law
Practice of Timothy L. Takacs, Hendersonville; Hunter R. Mobley, Howard Mobley
Hayes & Gontarek, PLLC, Nashville; Jeff Mobley, Howard Mobley Hayes &
Gontarek, PLLC, Nashville; Julie Travis Moss, The Blair Law Firm, Brentwood;
Michelle Poss, Sobel, Poss & Moore, Nashville; and M. Matthew Thornton,
Bourland, Heflin, Alvarez, Minor & Matthews, PLC, Memphis.
DECEMBER FACULTY: William (Will) Bell, Jr., Rainey, Kizer, Reviere &
Bell PLC, Jackson; Rebecca Blair, The Blair Law Firm, Brentwood; David Callahan,
Goodman Callahan & Blackstone, PLLC, Nashville; Harlan Dodson, Dodson, Parker,
Behm & Capparella P.C., Nashville; Donald J. Farinato, Hodges, Doughty & Carson,
PLLC, Knoxville; Glen Kyle, Monica Franklin & Associates, LLC, Knoxville; Ralph
Levy, Jr., Dickinson Wright PLLC, Nashville; Carla Lovell, Sherrard Roe Voight &
Harbison, PLC, Nashville; Hunter R. Mobley, Howard Mobley Hayes & Gontarek,
PLLC, Nashville; Jeff Mobley, Howard Mobley Hayes & Gontarek, PLLC, Nashville;
Julie Travis Moss, The Blair Law Firm, Brentwood; Michelle Poss, Sobel, Poss &
Moore, Nashville; Timothy L. Takacs, CELA, Elder Law Practice of Timothy L.
Takacs, Hendersonville; and M. Matthew Thornton, Bourland, Heflin, Alvarez, Minor
& Matthews, PLC, Memphis.
HIGHLIGHTS: Use of various trusts as estate planning tools; tips for drafting wills
in 2016; trust drafting tips with samples; duties and liabilities of fiduciaries; structuring
marital agreements to deal with estate planning issues; what to look for in reviewing
existing estate plans; business succession planning; qualifying for TennCare;
alternatives to full probate administration; planning for a clients long-term care; tips
for probating a will and administering estates; planning for digital assets; probate
litigation case law and legislative update; ethical issues facing trust and estate planning
attorneys; and ethics in elder care.
SUPREME COURT
COMMERCIAL LAW: It is prudent to set aside approach for
determining whether shareholder claim is direct or derivative described in
Hadden v. City of Gatlinburg, 746 SW2d 687 (Tenn. 1988), and adopt for
Tennessee analytical framework enunciated by Delaware Supreme Court in
Tooley v. Donelson, Luftkin, & Jenrette Inc., 845 A2d 1031 (Del. 2004) ;
Tooley sets forth two-part inquiry -- (1) who suffered alleged harm
(corporation or suing stockholders, individually), and who would receive
benefit of any recovery or other remedy (corporation or stockholders,
individually)?; in conflict among siblings who were shareholders in closely
held corporation, shareholders who bought assets of corporation had
standing to assert claim against shareholder who began competing business
for violation of trial court's orders and to recover their actual damages
arising out of his contemptuous conduct, but buyers did not have standing
to bring direct claim for damages resulting from shareholder's breach of his
fiduciary duty to original corporation or resulting from shareholder's
COURT OF APPEALS
TORTS: When plaintiff filed healthcare liability complaint with attached
certificate of good faith based on care and treatment she received at
defendant hospital, defendant sought dismissal of suit for failure to comply
with pre-suit notice and good faith requirements applicable to healthcare
liability actions, plaintiff argued that failure to comply with necessary
requirements should be excused for extraordinary cause as evidenced by
death of her legal counsels son four days prior to filing of complaint,
defendant conceded that extraordinary cause existed to excuse any
deficiencies in complaint and failure to comply with good faith statute, and
defendant maintained that dismissal was appropriate based upon failure to
provide adequate pre-suit notice because the birth, illness, and death of
[counsels] son all occurred well after service of the defective pre-suit
notice, trial courts refusal to excuse compliance was not within range of
acceptable alternatives given legal principles and evidence presented. Kirby
v. Sumner Regional Medical Center, 7/12/16, Nashville, McClarty, 9 pages.
http://www.tncourts.gov/sites/default/files/kirbybetty.opn_.pdf
FAMILY LAW: Evidence did not preponderate against trial courts award
to wife of husbands two pensions when award ensures that wife has
sufficient income upon which to survive after demise of parties
relationship, and simple fact that husband may not be able to retire at age
CIVIL PROCEDURE: When plaintiff filed suit to set aside recorded deed
on basis that instrument contained forged signature, defendants counsel,
who filed answer to complaint, was attorney of record at time of trial, on
date of trial, defendants counsel did not appear in court because he had
been recently suspended from practice of law, fact unknown to defendant
until she appeared for trial, when trial court elected to proceed with hearing,
defendant represented herself, upon conclusion of trial, trial court
announced decision in favor of plaintiff, determining that deed contained
forged signature and ordering that deed be set aside, defendant retained new
counsel, who filed motion for new trial, which was denied, trial court erred
in failing to order continuance of trial; case is remanded for new trial on
merits. Tidwell v. Burkes, 7/8/16, Nashville, Frierson, 13 pages.
http://www.tncourts.gov/sites/default/files/tidwell.jo_.elaine.opn_.pdf
birth, defendant held her hand over first babys mouth until he stopped
crying, after birth of second child, defendant again held her hand over his
mouth until he stopped crying, and defendant admitted that she knew that
babies could not breathe with her hand over their mouths; defendant was
not denied her right to impartial judge, and neither trial judges comments,
including threat to exclude defendant from courtroom, nor trial judges
decision to limit cross-examination of defendants father regarding
defendants church activities does not indicate bias warranting recusal.
State v. Lowe, 7/12/16, Nashville, Williams, 72 pages.
http://www.tncourts.gov/sites/default/files/lowelb.opn6_.pdf
If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond
to this e-mail or call us at (615) 661-0248 in order to request a copy.
You may also view and download the full text of any state appellate
court decision by accessing the states web site by clicking here:
http://www.tncourts.gov