TAM-BYTES

July 31, 2017

Vol. 20, No. 31

TAM Webinars

Trump and Immigration: The Essential Attorney Update, 60-minute

webinar presented by Terry Olsen, with Olsen Law Firm in Chattanooga,
on Wednesday, August 23, at 10 a.m. (Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/immigration-082317
or call us at (800) 727-5257.

Proving Damages in Tennessee: How to Present Evidence and

Command Jury Attention, 60-minute webinar presented by John
Dunlap, Memphis attorney, on Thursday, August 24, at 2 p.m.
(Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/damages-082417
or call us at (800) 727-5257.

Divorce in Tennessee: Essential First Steps for Attorneys, 60-

minute webinar presented by Kevin Shepherd, with Shepherd and
Associates PC in Maryville, on Thursday, August 31, at 10 a.m.
(Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/divorce-083117
or call us at (800) 727-5257.

Helping Clients Market and Collect Via Telephone: TCPA Update

for Attorneys, 60-minute webinar presented by David Esquivel &
Elaina Al-Nimri, with Bass, Berry & Sims in Nashville, on Thursday,
September 7, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/tcpa-090717
or call us at (800) 727-5257.
 On-Site Events
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.

HIGHLIGHTS: Ramifications of the Dedmon decision; researching automobile

insurance coverage; latest trends in suits against motor vehicle manufacturers;
admissibility of expert testimony is the expert competent and will the testimony
substantially assist the jury?; subrogation and lien issues Medicaid/Medicare liens,
hospital liens, and workers comp liens; effective motion practice for todays civil
practitioner; assessing the viability of a slip, trip, and fall case; effective use of social
media in litigation; medical discovery and special issues in uninsured/underinsured
motorist cases; advanced deposition strategies; review of recent personal injury cases;
accepting, declining, and terminating legal representation; and attorney ethics conflicts
of interest, attorney fees, and social media.

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)*

For more information, visit www.mleesmith.com/tn-personal-injury-law or call (800) 727-5257.

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
 OCTOBER FACULTY: David Anthony, Bone McAllester Norton, Nashville; Dawn
Coppock, Strawberry Plains attorney; Sandy Garrett, Chief Disciplinary Counsel, Board
of Professional Responsibility; Jason Hicks, Moore, Rader, Fitzpatrick & York,
Cookeville; C. Jay Ingrum, Phillips & Ingrum, Gallatin; Stanley A. Kweller, Jackson,
Kweller, McKinney, Hayes, Lewis & Garrett, Nashville; Sean J. Martin, Martin Heller
Potempa & Sheppard, Nashville; Chancellor Larry McMillan, chancery court, 19th
Judicial District (Montgomery and Robertson counties); Marlene Eskind Moses, MTR
Family Law, Nashville; Phillip R. Newman, Puryear, Newman & Morton, Nashville;
Judge Phillip Robinson, circuit court, Davidson County; Kevin Shepherd, Maryville
attorney; Greg Smith, Stites & Harbison, Nashville; Scott Womack, Lattimore Black
Morgan & Cain, Nashville; and Judge Thomas Wright, circuit court, 3rd Judicial District
(Greeene, Hamblen, Hancock & Hawkins counties)

DECEMBER FACULTY: Amy J. Amundsen, Rice, Amundsen & Caperton, Memphis;

David Anthony, Bone McAllester Norton, Nashville; Judge Mike Binkley, circuit court,
21st Judicial District (Hickman, Lewis, Perry, and Williamson counties); Chancellor
Jerri S. Bryant, chancery court, 10th Judicial District (Bradley, McMinn, Monroe, and
Polk counties); Judge Robert L. Childers, retired circuit court judge, Shelby County;
Dawn Coppock, Strawberry Plains attorney; Jason Hicks, Moore, Rader, Fitzpatrick &
York, Cookeville; C. Jay Ingrum, Phillips & Ingrum, Gallatin; Chancellor Larry
McMillan, chancery court, 19th Judicial District (Montgomery and Robertson counties);
Marlene Eskind Moses, MTR Family Law, Nashville; Phillip R. Newman, Puryear,
Newman & Morton, Nashville; Judge Phillip Robinson, circuit court, Davidson County;
Kevin Shepherd, Maryville attorney; Eileen Burkhalter Smith, Disciplinary Counsel,
Board of Professional Responsibility; and Greg Smith, Stites & Harbison, Nashville

HIGHLIGHTS: Protecting a clients separate assets; dividing/valuing marital

property; orders of protection/domestic violence issues; relative/stepparent/adult
adoptions; technology for the family law practitioner; modifying permanent
parenting plans; practical tips from judges across the state; hot topics in child
custody/property division; tax issues in divorce; civil and criminal contempt in
family matters; use of trusts in family law practice; discovery abuses and
remedies; dealing with children in a divorce case; tips for effective direct/cross-
examination; case law/legislative update; ethics and professionalism in family
law practice; and attorneys ethical use of social media

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)

For more information, visit www.mleesmith.com/family-law-conference or call (800) 727-5257.

 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)*

For more information, visit www.mleesmith.com/trel or call (800) 727-5257.

 11th annual
Tennessee Workers Comp Conference
WHEN: WEDNESDAY, THURSDAY & FRIDAY, NOVEMBER 8-10
WHERE: Nashville Hilton Airport
CLE: Earn 15 hours of CLE 14 hours of GENERAL and 1 hour of DUAL

SPEAKERS: WORKERS COMP JUDGES: Judge Marshall Davidson; Judge

Pamela Johnson; and Chief Judge Ken Switzer. TENNESSEE BUREAU OF
WORKERS COMPENSATION: Troy Haley. WORKERS COMP/EMPLOYMENT
LAW ATTORNEYS: Mary Dee Allen, Wimberly Lawson Wright Daves & Jones PLLC;
Fred Baker, Wimberly Lawson Wright Daves & Jones PLLC; Leslie Bishop, Lewis,
Thomason, King, Krieg, & Waldrop, P.C.; Kitty Boyte, Constangy, Brooks, Smith &
Prophete, LLP; Catherine Dugan, Peterson White; Frank Gallina, Parker, Lawrence,
Cantrell & Smith; Howard M. Kastrinsky, King & Ballow; Rockforde (Rocky) D. King,
Egerton, McAfee, Armistead & Davis, P.C.; Charles (Chuck) J. Mataya, Bradley Arant
Boult Cummings LLP; Marshall McClarnon, Ponce Law; Lynn C. Peterson, Lewis,
Thomason, King, Krieg & Waldrop, P.C.; Mallory Schneider Ricci, Constangy, Brooks,
Smith & Prophete, LLP; Steven L. Shields, Jackson, Shields, Yeiser & Holt; Steven N.
Snyder, Jr., McAngus Goudelock & Courie; and Kenneth D. Veit, Leitner, Williams,
Dooley & Napolitan PLLC. OTHERS: Wendy Fisher, Safety Compliance Manager with
Tennessee OSHA; Dr. Jeffrey Hazlewood, Board Certified in Physical Medicine and
Rehabilitation, subspecialty Board Certification in Pain Medicine; and Dawn Trojan-
Randle, Claim Specialist at Brentwood Services.

HIGHLIGHTS: Insight from judges on the Court of Workers Compensation Claims

and the Workers Compensation Appeals Board; a panel discussion with attorneys and
physicians on the medical and legal determinations of causation in a workers comp case;
challenges faced by employers when dealing with social media in the workplace; tips on
how to avoid the imposition of penalties; a doctors perspective on the opioid epidemic;
interplay between workers comp, the ADA, and the FMLA; termination and retaliation
issues; attorney track also includes a session on whats new with Medicare set-asides,
ethical issues arising during mediation, medical issues in a workers comp claim, the
settlement process; hot topics from the plaintiffs perspective, and a panel discussion
featuring defense and plaintiffs attorneys; and review of the latest cases from the
Workers Compensation Appeals Panels, Workers Compensation Appeals Board, and
Court of Workers Compensation Claims.

PRICING: $547 (full program) ($477 for any additional attendees from same firm
or subscribers to Tennessee Workers Comp Reporter or the Tennessee Employment
Law Letter); $347 (Thursday only); and $247 (materials only)
*Take $50 off of full program until October 13 (early bird discount)*

For more information, visit www.mleesmith.com/trel or call (800) 727-5257.

IN THIS WEEKS TAM-Bytes

In two cases, Court of Appeals rules TCA 41-2-123(d)(2) operates to

remove immunity in cases where inmate is injured while working on
detail, but only as it pertains to liability for medical treatment, and thus,
controls over more general provisions of Governmental Tort Liability Act;
Court of Appeals, in suit by inmate who was attacked and stabbed by his
cellmate at county jail, affirms Claims Commissions grant of summary
judgment to state on ground that assault was not reasonably foreseeable;
Court of Appeals reiterates that nothing in uninsured motorist statute
or case law requires plaintiff to serve uninsured motorist carrier within
one year of accident;
Court of Appeals, in issue of first impression, holds appellants failure
to sign notice of appeal in termination of parental rights case is a
jurisdictional defect, which results in appeal being dismissed due to
lack of jurisdiction;
Court of Appeals says, in setting child support, trial court may consider
parents extravagant lifestyle, including ownership of valuable assets
and resources, such as expensive home or automobile, that appears
inappropriate or unreasonable for income claimed by parent;
Court of Appeals rules that when judgment creditor did not file
motion to revive judgment within 10 years from entry of judgment,
trial court had no authority to renew judgment under TRCP 69.04 and
debtors duty to respond was not triggered;
When newspaper filed suit seeking access to application materials in
possession of non-profit professional association, i.e., International
Association of Chiefs of Police, that was assisting City of Memphis in
recruiting candidates for Director of Police, Court of Appeals holds
that trial court erred in finding that records were subject to disclosure
under Tennessee Public Records Act;
Sixth Circuit, in wrongful death case on behalf of decedent who
allegedly died of heat stroke after utility company denied him
public utility services because he could not produce state-issued
photo identification, rules district court erred in excluding
testimony of plaintiffs expert, medical examiner and pathologist,
regarding cause of death; and
Sixth Circuit holds that child pornography statute, 18 USC
2252(a)(4)(B), which prohibits sexting and other self-publication of
sexually explicit images by minors, is constitutional.
COURT OF APPEALS

TORTS: In healthcare liability action, TCA 29-26-121(a)(2)(E) regarding

medical authorization compliant with HIPAA is inapplicable to plaintiffs
pre-suit notice when hospital was sole defendant; plaintiff substantially
complied with TCA 29-26-121(a)(4) and (b) when although plaintiff failed
to file documentation required by TCA 29-26-121(a)(4) and (b) with her
complaint, she subsequently filed notice of filing, which included copy of
plaintiffs pre-suit notice letter, signed, certified mail receipt demonstrating
delivery of pre-suit notice, and medical authorization form. Grizzle v.
Parkwest Medical Center, 7/25/17, Knoxville, Frierson, 15 pages.
http://www.tncourts.gov/sites/default/files/betty_grizzle_v._parkwest_medical_center.pdf

TORTS: When inmate of county jail was injured while working on detail
for city in cemetery and inmate filed suit against city and county pursuant to
Governmental Tort Liability Act (GTLA) to recover for asserted negligence
that caused his injury, trial court properly granted defendants summary
judgment on ground that each was immune from suit because liability was
limited by TCA 41-2-123 to inmates medical expenses, which had been
paid; TCA 41-2-123(d)(2) operates to remove immunity in cases where
inmate is injured while working on detail, but only as it pertains to liability
for medical treatment, and thus controls over more general provisions of
GTLA. Vaughn v. City of Tullahoma, 7/21/17, Nashville, Dinkins, 5 pages.
http://www.tncourts.gov/sites/default/files/vaughn.terry_.opn_.pdf

TORTS: When inmate of county jail was injured when he fell off truck
being driven by another inmate while working on detail for city, inmate filed
suit against city and county pursuant to Governmental Tort Liability Act
(GTLA) to recover for alleged negligence on part of city and county, inmate
settled his claim against county, trial court properly dismissed suit on ground
that it was immune from suit because inmates recovery was limited to
medical treatment for injury he received; TCA 41-2-123(d)(2) operates to
remove immunity in cases where inmate is injured while participating on
work detail but only to extent of medical bills, and thus, it controls over
more general provisions of GTLA. Elliott v. City of Manchester, 7/24/17,
Nashville, Dinkins, 6 pages.
http://www.tncourts.gov/sites/default/files/elliott.seth_.opn_.pdf

TORTS: Claims commission properly granted state summary judgment in

suit by inmate who was attacked and stabbed by his cellmate when inmate
failed to provide evidence to support finding of foreseeability or even create
dispute of fact concerning issue of foreseeability. Cook v. State, 7/27/17,
Jackson, Clement, 8 pages.
http://www.tncourts.gov/sites/default/files/cookwilliamiiopn.pdf

INSURANCE: When plaintiff driver filed suit against defendant driver but
was unable to serve him with civil warrant despite repeated attempts, over
one year after suit was filed, plaintiff had additional alias civil warrant
issued adding her insurer as uninsured motorist carrier, and plaintiff served
amended civil warrant on insurer, trial court erred in granting insurer
summary judgment based on expiration of one-year statute of limitation;
there is no basis in uninsured motorist statute or case law for requiring
plaintiff to serve uninsured motorist carrier within one year of accident.
Bates v. Green, 7/27/17, Jackson, Gibson, 12 pages.
http://www.tncourts.gov/sites/default/files/bateslarrystineopn.pdf

ESTATES & TRUSTS: When provision of will bequeathed residue and

remainder of decedents estate to her prior husband (Vance), Vance
predeceased decedent, and will did not provide for different disposition
under TCA 32-3-105, anti-lapse statute, considering this fact and taking
heed that Vance had surviving issue, anti-lapse statute directs that they take
the estate or interest devised or bequeathed that [Vance] would have
taken, had [he] survived testator, and Vance children are entitled to receive
decedents residuary estate under will. In re Estate of Watkins, 7/25/17,
Knoxville, Goldin, 7 pages.
http://www.tncourts.gov/sites/default/files/in_re__estate_of_wanda_joyce_watkins.pdf

FAMILY LAW: In case in which fathers parental rights were terminated to

his daughter, and father timely filed notice of appeal, because father failed to
comply with TCA 36-1-124(d) in that he failed to sign notice of appeal,
fathers appeal is dismissed; although father filed amended notice of appeal
that contained his signature more than 30 days from entry of trial courts
final judgment, because fathers amended notice of appeal was untimely,
fathers appeal is dismissed for lack of subject matter jurisdiction. In re
Catherine J., 7/24/17, Jackson, Frierson, 6 pages.
http://www.tncourts.gov/sites/default/files/catherinejopn.pdf

FAMILY LAW: Trial court did not abuse discretion in calculating fathers
gross income for child support purposes and setting fathers income at
$5,000 per month when father gave many different sworn statements about
this monthly income, fathers bank statements revealed that he went from
average of $6,500 per month to $3,200 same month that first child support
hearing was held, father spent thousands of dollars on restaurants, dive
shops, bait shops, and trips to Florida out of fathers business account, he
had horses and other livestock inconsistent with limited income, and he
maintained exorbitant travel expenses; in setting child support, trial court
may consider parents extravagant lifestyle, including ownership of valuable
assets and resources, such as expensive home or automobile, that appears
inappropriate or unreasonable for income claimed by parent; gross income
is not limited to income shown on parents tax return. In re Conner F.,
7/26/17, Knoxville, McClarty, 13 pages.
http://www.tncourts.gov/sites/default/files/in_re__conner_f..pdf

CIVIL PROCEDURE: It is necessary for judgment creditor to file its

motion to renew judgment under TRCP 69.04 [w]ithin ten years from the
entry of a judgment; once timely motion has been filed, debtors duty to
timely respond pursuant to TRCP 69.04 is triggered; when appellants filed
their motion to revive 2003 judgment in 2016, well beyond 10-year time
limit, trial court had no authority to renew judgment under TRCP 69.04, and
appellees duty to respond was not triggered. Town & Country Jewelers
Inc. v. Trotter, 7/27/17, Jackson, Stafford, 10 pages.
http://www.tncourts.gov/sites/default/files/towncountryjewelersopn.pdf

GOVERNMENT: In case in which newspaper filed suit seeking access to

application materials in possession of non-profit professional association,
i.e., International Association of Chiefs of Police (IACP), that was assisting
City of Memphis (City) in recruiting candidates for Director of Police, trial
court erred in concluding that records were subject to disclosure under
Tennessee Public Records Act (Act) because IACP acted as functional
equivalent of City and because position of police director was same as chief
public administrative officers, position for which Act mandates that all
employment application materials be made available; in performing services
specified in agreement entered into with City, IACP was not operating as
functional equivalent of City merely providing services for, or doing
business with, government agency does not render private entity functional
equivalent of government agency; term chief public administrative officer
in Act was not intended to include position of director of police for City.
Memphis Publishing Co. d/b/a Commercial Appeal v. City of Memphis,
7/26/17, Jackson, Dinkins, 15 pages.
http://www.tncourts.gov/sites/default/files/memphispublishingcompanyopn_0.pdf

GOVERNMENT: In case in which homeowner was charged with

knowingly possessing child pornography and forfeiture warrant was
obtained to seize his house, homeowner was ultimately convicted and
sentenced to prison, and mortgage lender foreclosed upon his house,
homeowner filed complaint against sheriffs office of Cumberland County
(County) alleging bad faith seizure on part of seizing officer and seeking
damages, trial court properly granted Countys motion for summary
judgment when there was no evidence of any intentional misconduct by
seizing officer; seizing officer did not engage in bad faith, i.e., intentional
misconduct, in effort to deprive homeowner wrongfully of his property and
even relied on advice from district attorneys office in effectuating seizure
bad faith in insurance and workers compensation environments requires
level of knowledge or indifference that amounts to wrongful conduct.
Sprunger v. Cumberland County, 7/27/17, Nashville, Bennett, 10 pages.
http://www.tncourts.gov/sites/default/files/sprunger_v_cumberland_county_tn_sheriffs_office.pdf

COURT OF CRIMINAL APPEALS

CRIMINAL LAW: In case in which defendant, patient in intensive care

unit (ICU), was charged with aggravated assault but convicted of reckless
aggravated assault of ICU nurse, evidence of defendants prior cocaine and
marijuana use was not properly admitted as impeachment evidence under
TRE 608; error was harmless given substantial proof of defendants guilty
and fact that, in light of defendants claim of voluntary intoxication and lack
of awareness or memory of inflicting assault, admission of evidence of
additional drug use on part of defendant was just as likely to have influenced
jurys decision to convict defendant of lesser included offense of reckless
aggravated assault; prosecutors statement, during closing argument, that
acquittal of defendant would have the effect of shutting the courtroom
down, did not constitute prosecutorial misconduct when prosecutor was not
improperly injecting issues broader than the guilt or innocence of the
accused under the controlling law, but was simply commenting on lack of
weight that defense based on lack of memory carries. State v. Day, 7/27/17,
Knoxville, Witt, 15 pages.
http://www.tncourts.gov/sites/default/files/charles_edward_day_opinion.pdf

CRIMINAL PROCEDURE: TRAP 3(b) does not grant defendant appeal

as of right from denial of motion for arrest of judgment filed years after
defendants conviction was confirmed on direct appeal. State v. Whitson,
7/27/17, Nashville, Woodall, 3 pages.
http://www.tncourts.gov/sites/default/files/whitson_cyrus_randyopn.pdf
SIXTH CIRCUIT COURT OF APPEALS

EVIDENCE: When decedent was denied public utility service by Memphis

Light Gas & Water Division (MLGW) because MLGW insisted that he
produce state-issued photo identification, which he could not obtain, plaintiff
lived without utilities, decedent died in apartment 18 months later allegedly of
heat stroke, and plaintiffs filed wrongful death action, district court erred in
excluding plaintiffs testimony of expert witness; when expert testified, In my
professional opinion its probable heat stroke and the manner is an accident,
he was in essence saying that it is his opinion as doctor and pathologist that it
is at least more likely than not that what decedent died of was probable heat
stroke, and this is sufficiently reliable; to take account of relevant fact that
decedents body was found in secured room at 93.2 degrees Fahrenheit and
63% humidity is not indicia of unsound methodology; because experts
testimony regarding decedents cause of death was admissible under TRE 702,
question of material fact is in dispute, and hence, trial court erred in granting
MLGW summary judgment. Johnson v. Memphis Light Gas & Water
Division, 7/27/17, Suhrheinrich, 22 pages, N/Pub.
http://www.opn.ca6.uscourts.gov/opinions.pdf/17a0442n-06.pdf

CONSTITUTIONAL LAW: In case in which defendant pled guilty to

possession of child pornography pursuant to 18 USC 2252(a)(4)(B), which
prohibits sexting and other self-publication of sexually explicit images by
minors, statute is not unconstitutionally overbroad given fact that, even
assuming that sexting by minors constitutes protected speech under First
Amendment, there are no instances of federal authorities attempting to enforce
statute against minor who produced and disseminated sexually explicit
depiction of him or herself; statute does not violate Due Process Clause when
banning possession of child pornography serves legitimate governmental
interest; statute does not violate Equal Protection Clause when no fundamental
right to possess child pornography exists, and government has compelling
interest in criminalizing all facets of child pornography, including possession.
United States v. Henson, 7/27/17, White, 11 pages, N/Pub.
http://www.opn.ca6.uscourts.gov/opinions.pdf/17a0445n-06.pdf

COURT OF WORKERS COMP CLAIMS

WORKERS COMPENSATION: Conditions of workers employment at

Embassys hotel establish she was employee, not independent contractor, at
time of her injury notwithstanding agreement, signed by worker, that she
was independent contractor; Embassy and Environmental Solutions Systems
contended they are not liable to worker because Profit Line Services, Inc.
was her direct employer, but this fact does not necessarily absolve them
from liability as TCA 50-6-113 extends liability for workers compensation
benefits to statutory employers, i.e. parties bound by contract with
uninsured direct employer of employee who suffers work-related injury;
service agreement provided Embassy with sufficient control of workers
work to impose statutory employer liability on Embassy. Kleeburg v. Profit
Line Services, 5/22/17, Chattanooga, Wyatt, 18 pages.
http://trace.tennessee.edu/utk_workerscomp/802

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