The Tennessee Court of Appeals reversed a trial court’s order on a modification of a parenting plan. The trial court wrongly granted the mother’s petition to change the parenting plan, giving her primary residential custody and the majority of days with the children. The trial court found that based on the material changes of circumstance, and the geographical distance between the parties, it...read more
When divorce ends a long-term marriage, a court usually has to make a decision about an award of alimony. In this case, the trial court properly found that the wife was entitled to alimony, but did not properly account for the wife’s own income-earning capacity. In its alimony analysis, the trial court determined that amount of income the wife needed to sustain a similar lifestyle was $9,700...read more
Alimony in futuro is more likely to be awarded after a lengthy marriage, when one spouse is more economically disadvantaged than the other, and it’s typically awarded for life or until the economically disadvantaged spouse gets remarried. Donald Capparella recently argued two separate cases addressing alimony in futuro at the Court of Appeals. In the case discussed here, a husband was wrongfully...read more
In 2015, online retailer Amazon, Inc. sold more than 250,000 hoverboards through its website. By November 2015, Amazon knew that these products presented a risk of explosion. Amazon stopped selling the hoverboards and emailed customers with an “Important Product Safety Notification” that mentioned news reports of safety issues and offered information on how to return the product,...read more
When litigation begins, lawyers try to prepare their clients for delays. Sometimes a civil trial is delayed because it takes longer to gather materials than expected, because a witness is unavailable, or because a judge’s docket is full. Sometimes, litigation is protracted not because of delays but because of appeals. This is why it is important to have an experienced appellate...read more
In Tennessee, a “final order” is not necessarily the last order that a court enters at the trial level, and that’s an important point to know when considering whether a litigant has a right to appeal. Generally in Tennessee, parties in civil trial matters are fortunate to have the absolute right to an appeal after the trial court issues its final order. Under Tenn. R. App. P....read more
Big changes are coming to Tennessee’s appellate courts in 2017. While news of the move to electronic filing is not new, the recently filed proposed amendments to the Tennessee Rules of Appellate Procedure have some significant changes to make way for the change….The biggest change is that the notice of appeal will be filed with the Appellate Court Clerk’s office and not the trial court...read more
The recent Tennessee Court of Appeals case of Bancorpsouth Bank v. 51 Concrete, LLC provides a good analysis of the principles for an award of prejudgment interest but an even better argument for reasonable settlement of claims… Background This was the third appeal in a conversion action arising from the sale of construction equipment, which served as collateral on a loan, to third parties...read more
[Excerpted from materials presented at the Tennessee Appellate Academy in Memphis, Tennessee on April 1.] Can you change a judge’s mind at oral argument? If you are committed to doing one, the only attitude to take is that you can; any other assumption is both risky and counterproductive. One writer stated that “oral arguments are as useless today as the judges during my clerkship...read more
The Nashville Sports Authority is putting together a bid for a WNBA expansion team.
"Tennessee loves winners. If you can provide a team that wins, bring great talent here, it's a great place,"
says Carolyn Peck former Vanderbilt basketball star and WNBA Head Coach and GM. https://t.co/CmXwIz4DqH