Professional Documents
Culture Documents
May 8, 2017
Vol. 20, No. 19
TAM Webinars
On-Site Events
*Expanded to 2 days this year*
Personal Injury Law Conference for Tennessee Attorneys
WHEN: THURSDAY & FRIDAY, SEPTEMBER 21-22
WHERE: Nashville School of Law
CLE: Earn 15 hours of CLE 12 hours of GENERAL and 3 hours of DUAL
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
COURT OF APPEALS
TORTS: When plaintiff filed suit alleging that EMT struck him in face with
his fist while he was strapped to gurney, trial court erred in dismissing claim
with prejudice based on plaintiffs failure to file certificate of good faith; it
would be within common knowledge of layperson whether EMTs alleged
negligent, reckless, or intentional striking of patients face while patient is
strapped to gurney would fall below standard of care; because this alleged
act would not require expert proof to aid in the understanding of this issue,
trial court erred by failing to determine that case fell within common
knowledge exception; because no expert proof was necessary to establish
negligence, no certificate of good faith would be required pursuant to TCA
29-26-122; case is remanded for entry of order dismissing plaintiffs claims
without prejudice based upon his failure to provide pre-suit notice. Zink v.
Rural/Metro of Tennessee L.P., 5/2/17, Knoxville, Frierson, 13 pages.
http://www.tncourts.gov/sites/default/files/zink_opinion.pdf
ESTATES & TRUSTS: When decedent had four children but left majority
of her estate to one daughter (defendant), other three siblings (plaintiffs)
filed will contest alleging that defendant exercised undue influence over
decedent to induce her to change her will, in middle of bench trial, trial court
entered involuntary dismissal sua sponte at close of plaintiffs proof, and
trial court found that confidential relationship existed between decedent and
defendant but found by clear and convincing evidence that decedent was not
influenced in execution of her will, defendant did not, at this stage of
proceedings, prove by clear and convincing evidence that decedents 2013
will was product of decedents free and independent judgment as opposed to
imposition of defendants influence when in years before decedent died, she
began to believe that plaintiffs stole numerous things from her and wanted to
put her in nursing home, neither of these beliefs was true based on evidence
presented thus far, evidence further demonstrated that these false beliefs
originated with defendant, defendant isolated decedent from plaintiffs and
controlled most aspects of decedents daily life at time when decedent was
of advanced age and deteriorating health, and, most importantly, evidence
establishes that decedents false beliefs about these issues impacted her
decision-making with regard to her will; trial courts decision is vacated, and
case is remanded for further proceedings. In re Estate of Farmer, 5/5/17,
Nashville, Gibson, 26 pages.
http://www.tncourts.gov/sites/default/files/inreestatelaurac.farmer.opn_.pdf
CRIMINAL LAW: In case in which defendant hid his cell phone in his 14-
year-old stepdaughters bathroom and secretly recorded her undressing and
showering, evidence was not sufficient to convict defendant of especially
aggravated sexual exploitation of minor when proof was lacking that victim,
as depicted on secretly-recorded video, was engaged in sexual activity by
lascivious exhibition of the female breast or the genitals, buttocks, anus or
pubic or rectal area, required element of offense due to opaque nature of
shower curtain, victim could not be observed while showering, camera was
not particularly positioned to capture as much of victims private areas as
possible or focus on her genitalia, and victim, while outside shower, could
generally be perceived as completing ordinary grooming tasks, although she
did briefly touch her nipples in relatively innocuous manner; evidence was
sufficient to convict defendant of attempted especially aggravated sexual
exploitation of minor, and on remand, trial court is instructed to amend
judgment order to reflect conviction for that lesser included offense and to
conduct new sentencing hearing on modified conviction. State v. Grisham,
5/5/17, Knoxville, Thomas, 37 pages.
http://www.tncourts.gov/sites/default/files/robert_grisham_opinion.pdf
CRIMINAL LAW: In case in which defendant was convicted of sale or
delivery of less than .5 gram of cocaine in drug-free zone of public park and
sale or delivery of more than .5 gram of cocaine in drug-free zone of public
park, defendant was erroneously charged with two separate and distinct
offenses in same indictment; delivery and sale of controlled substance are
separate offenses and should not be charged in same count of indictment;
duplicitous nature of defendants convictions for sale or delivery of
cocaine constitutes reversible error and violates defendants fundamental
and substantial right to unanimous jury verdict, and as such, defendants
convictions are reversed, vacated, and dismissed. State v. Hall, 5/4/17,
Knoxville, McMullen, 12 pages.
http://www.tncourts.gov/sites/default/files/hallmichaelopn.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