The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.
Divided Tennessee Supreme Court Adopts “Good-Faith Exception” to the Exclusionary Rule
In Tennessee, the protections provided in the Article 1 Section 7 of the state constitution regarding search and seizure have long been held to be identical to the protections provided by the 4th Amendment to the United States Constitution. However, the Tennessee Rules of Evidence do not always track the Federal Rules of Evidence. In criminal cases, this can mean that, even though the...
read moreTennessee Supreme Court Argument Marks Third Appellate Review in Ten Year Old Case
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 moreNew Standards for Determining Stock Value for Dissenting Shareholders
The Tennessee Supreme Court has endorsed new methods for determining the value of stock for dissenting shareholders, clarifying that there is no single required approach to determining stock value under Tennessee law. The case of Athlon Sports, Inc. v. Dugan, concerned minority stockholders who were forced out during a company merger. The stockholders sued for the value of their business...
read moreAuto Insurance Statutes Unclear Where Rentals are Concerned
Renting a car can be complicated. Unwinding the insurance issues when a rental in involved in an accident requires untangling the intersection of state and federal law. A new Tennessee Supreme Court ruling gives some guidance. Tennessee’s Financial Responsibility statutes, Tenn. Code Ann. § 55-12-101 et seq., mandate that Tennessee motorists have auto insurance. Specifically, a Tennessee...
read moreTennessee Rejects Preemption Rule When Vicarious Liability Admitted
Does comparative fault still apply for direct negligence claims when the employer has admitted vicarious liability? In its recent ruling on a Tenn. R. App. P. 10 Extraordinary Appeal, the Tennessee Court of Appeals has answered “yes.” As a result of the recent ruling in Jones v. Windham, the Court of Appeals has rejected the so-called preemption rule, barring direct negligence...
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