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Personal Injury Law Conference for Tennessee Attorneys
*Expanded to 2 days this year*
SPEAKERS: Judge Thomas Frierson, Court of Appeals, Eastern District; Judge Ross
Hicks, Circuit Court, 19th Judicial District (Montgomery & Robertson counties);
Chancellor Ellen Hobbs Lyle, Davidson County Chancery Court/Business Court; Judge
Walter Kurtz, former Davidson County Circuit judge/former Tennessee senior judge;
Laura Baker, Law Offices of John Day, Brentwood; Brandon Bass, Law Offices of
John Day, Brentwood; J. Randolph Bibb, Lewis Thomason, Nashville; Jamie Durrett,
Batson Nolan, Clarksville; James Exum, Leitner, Williams, Dooley & Napolitan,
Chattanooga; Steve Gillman, Pryor, Priest, Harber, Floyd & Coffey, Knoxville; Michael
H. Johnson, Howard, Tate, Sowell, Wilson, Leathers, & Johnson, Nashville; Mary
Ellen Morris, Kinnard, Clayton & Beveridge, Nashville; Bryan Moseley, Moseley &
Moseley, Murfreesboro; William J. Rieder, Spears, Moore, Rebman & Williams,
Chattanooga; and Melanie Stewart, Heaton & Moore, Memphis.
PRICING: $497 (full program) ($427 for any additional attendees from same firm);
$347 (one day only); and $247 (materials only)
*Take $50 off until August 11 (early bird discount)*
12th annual
Family Law Conference for Tennessee Practitioners
WHEN: THURSDAY & FRIDAY, OCTOBER 12-13 and
THURSDAY & FRIDAY, NOVEMBER 30 & DECEMBER 1
WHERE: Nashville School of Law
CLE: Earn 15 hours of CLE 12 hours of GENERAL and 3 hours of DUAL
PRICING: $497 (full program) ($427 for any additional attendees from same firm);
$347 (one day only); and $247 (materials only)
$50 early bird discount until September 1 (October conference)
$50 early bird discount until October 20 (December conference)
10th annual
Tennessee Real Estate Law Conference
WHEN: FRIDAY, OCTOBER 20
WHERE: Nashville School of Law
CLE: Earn 7.5 hours of CLE 6.5 hours of GENERAL and 1 hour of DUAL
SPEAKERS: Kim A. Brown, Sherrard Roe Voigt & Harbison, PLC, Nashville; Jason
Holleman, West Nashville Law Group, Nashville; Anita I. Lotz, Farris Bobango PLC,
Memphis; Michael Patton, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC,
Memphis; Elizabeth C. Sauer, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC,
Nashville; Brooks R. Smith, Bradley Arant Boult Cummings LLP, Nashville; Wesley D.
Turner, Gullett Sanford Robinson & Martin PLLC, Nashville; Heather Howell Wright,
Bradley Arant Boult Cummings LLP, Nashville
HIGHLIGHTS: Kim Brown touches on many of the aspects of a commercial real estate
transaction by looking at resources and samples of documents that help to address the
various aspects of the transaction; Brooks Smith looks at inspection and diligence issues,
representations and warranties, covenants, and other details to making sure the sale goes
smoothly; Michael Patton reviews what events are covered by title insurance, how to
make a claim, and why title insurance companies deny claims and also discusses
litigation, arbitration, and the bad faith penalty; Heather Wright gives an overview of
insurance provisions in commercial leases, including coverage of tenant-installed fixtures
and improvements, coverage for damages and destruction of property, and waivers of
subrogation; Elizabeth Sauer explains special considerations for commercial and
investment transactions, including entity formation, CAP rate, zoning concerns, and 1031
exchanges; Anita Lotz details the closing process for commercial real estate
transactionsopening the closing, reviewing the sale agreement, reviewing the closing
package, and preparing and approving the documents and gives examples of closing
checklists; Jason Holleman reviews ethical concerns in boundary law, including attorney
fees, confidentiality, communication with unrepresented parties, and conflicts of interest;
and Wes Turner updates attorneys on the latest appellate court cases and legislation in
the real estate law area.
PRICING: $377 (full program) ($297 for any additional attendees from same firm);
and $197 (materials only)
*Take $50 off until September 8 (early bird discount)*
Supreme Court holds that courts do not have discretion to deny award
of attorney fees, incurred at either trial court or appellate level,
mandated by valid and enforceable marital dissolution agreement
between parties;
Workers Comp Appeals Board holds that trial courts resolution of
attorney fees and expenses issue was premature when, after trial court
determined that employee was entitled to medical and temporary
disability benefits, employee filed motion seeking attorney fees and
expenses pursuant to TCA 50-6-226(d)(1);
Court of Appeals, in healthcare liability action alleging negligent care
during childs birth, rules childs medical authorizations were not
insufficient since he could not authorize release of mothers medical
records concerning prenatal treatment, and hence, childs pre-suit
notice extended statute of repose by 120 days;
Court of Appeals rules trial court properly classified wifes IRA as
her separate property when wife testified that origin of money used
to create IRA was from wifes separate premarital earnings, and
any increases in value of IRA were attributable solely to market
factors rather than any contributions to its preservation or
appreciation by husband;
Court of Appeals holds trial court erred in classifying appreciation in
value of husbands IRA as marital property when husband owned IRA
prior to marriage and funded it with premarital assets, and there was
no evidence establishing nexus between wifes marital contributions
to household expenses and appreciation in value of IRA;
In case in which parties were never married but had child together,
Court of Appeals rules trial court did not abuse discretion by denying
fathers request for deviation from presumption that he was
responsible for child support back to date of childs birth when, even
if mother later recanted her statement that father was childs
biological father, father should have known, or strongly suspected,
that he was likely childs father;
Court of Criminal Appeals holds trial court erred in denying
defendants motion to suppress statement he gave to police when
defendant told detectives, I aint got nothing else to say, first
detective ceased questioning and left room, but in short span of
just over nine minutes, second detective entered room and
resumed questioning;
Court of Criminal Appeals holds that when charged offense is
aggravated rape, which involves nature of conduct crime, it is error
for trial court to charge mental state definition of reckless with
respect to element of sexual penetration;
General Assembly enacts Tennessee Uniform Limited Partnership
Act; and
General Assembly limits recovery of retroactive child support to five
years unless good cause is shown.
SUPREME COURT
TORTS: In healthcare liability suit by mother and child alleging that both
plaintiffs suffered permanent injuries resulting from defendant healthcare
providers negligent care during childs birth, trial court properly concluded
that mothers claims were barred by statute of limitation as TCA 28-1-106
requires that individual be adjudicated incompetent at time his or her
cause of action accrued in order to toll statute of limitation; trial court erred
in dismissing childs claims based on statute of repose when records from
prenatal treatment that mother received prior to date of delivery were
mothers medical records, and child could not have unilaterally authorized
their release, and, as such, his failure to do so did not render medical
authorization provided with his pre-suit notice insufficient, and TCA 29-26-
121(c) extended filing period by 120 days. Woodruff ex rel. Cockrell v.
Walker, 5/26/17, Jackson, Goldin, 18 pages.
http://www.tncourts.gov/sites/default/files/woodruffjoshlinopn.pdf
ESTATES & TRUSTS: When decedent, who died at age 95, was survived
by two nieces and three nephews, one of whom (defendant) was decedents
attorney-in-fact and personal representative of estate, decedents two nieces
and one other nephew (plaintiffs) filed complaint alleging undue influence
arising from confidential relationship against defendant for his role in
changing bank accounts and CDs owned by principal to payable on death to
defendant, evidence preponderated in favor of trial courts finding by clear
and convincing evidence that defendant successfully rebutted presumption
of undue influence when plaintiffs argued that defendants testimony
indicated that he treated decedents designation of him as beneficiary to
accounts as payment for care he provided decedent, plaintiffs asserted that
[i]t would be incredible to argue that his care was worth in excess of
$458,000, defendant stated that decedent was like father to him, there was
no evidence that defendant ever isolated decedent from other family member
or insisted on being present when others visited decedent, and plaintiffs
collective testimony demonstrated that none of them had witnessed signs of
mental impairment in decedent or dependence beyond his need of physical
assistance. Frank v. Fields, 5/26/17, Knoxville, Frierson, 21 pages.
http://www.tncourts.gov/sites/default/files/frank_v_fields_opinion.pdf
FAMILY LAW: In any action for retroactive child support filed on or after
7/1/17, retroactive child support may not be awarded for period more than
five years from date action for support is filed unless court determines, for
good cause shown, that different award of retroactive child support is in
interest of justice. 2017 PC 419, effective 7/1/17, 3 pages.
http://publications.tnsosfiles.com/acts/110/pub/pc0419.pdf
TRIAL COURTS
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