The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.
Court of Appeals Reverses Multiple Summary Judgments and Allows Plaintiff to Move Forward in Mesothelioma Suit.
Plaintiff worked as a mechanic at the Tennessee Eastman chemical plant for nearly 30 years. While employed there, he was responsible for repairing and maintaining the equipment. Due to the corrosive nature of the chemicals at the plant, the equipment required daily repairs and maintenance. When he made repairs to the equipment in carrying out his job duties, and when worn components on the...
read moreAnother Alimony Correction Court of Appeals Win for Donald Capparella
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 moreHow Taxable Income Can Impact A Spouse’s Ability To Pay Alimony
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 moreAmazon Can Be Liable for Negligent Assumption of Duty to Warn for Website Sale of Dangerous Product
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 moreTennessee Supreme Court Tackles Liquor Tax, School Funding, & Judicial Canons of Construction in Five Related Opinions
Understanding Tennessee’s liquor laws is not for the faint of heart. Some counties are “bone dry.” Some are “dry” but sell beer. Some have “liquor by the drink,” but only if a local referendum has approved that type of sale. Wine in grocery stores is a saga unto itself. The collection and distribution of liquor taxes is no less confusing, as a...
read moreDivided 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 moreAs Tax Day Approaches, a Reminder about Withholdings
The 2017 federal tax reform legislation is just now beginning to show its impact for many filers. As April 15 approaches, many individual taxpayers may begin to see different totals than they have been used to on their tax returns. The change in the standard deduction has gotten lots of attention, but the new limits on deductibility are also having an effect on the bottom line. Last year, the...
read moreHarmless Error Doctrine Extends to Rule 12.02(6) Motion
The Tennessee Court of Appeals recently released an opinion that provides a compelling insight into the sticky wicket of civil procedure. The facts of the case involve an otherwise pedestrian dispute between homeowners and their contracted buyer on one hand and an HOA on the other. The ruling, however, ultimately touches on the joinder doctrine and the relation back rule, the harmless error...
read morePopular 3D/4D Ultrasounds Regulated Under New Tennessee Law
The last few years have seen a rapid increase in the availability of so-called “3D” or “4D” ultrasounds. These procedures provide keepsake imaging for expectant parents and are generally performed outside of traditional doctor’s offices–they can even be done in malls! The rising popularity of these fetal scans seems to continue, despite guidance from the...
read moreCourt of Appeals Clarifies Procedure for Petitions to Modify Custody
In Tennessee, an order is generally “final” thirty days after it has been entered. Where child custody matters are concerned, however, the trial courts retain “exclusive and continuing jurisdiction.” This has often resulted in confusion with respect to the proper procedure when one parent wants to ask the court to modify custody, because there is a statutory requirement...
read more“Final” Doesn’t Mean Last When It Comes to Court Orders
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 moreNew Rule Brings Electronic Filing to Tennessee Appellate Process
The long-awaited electronic filing process for Tennessee’s state appellate courts has inched one step closer to reality. A transitional rule from the Tennessee Supreme Court which went into effect July 9, 2018 establishes a voluntary filing process until the Court adopts e-filing on a permanent basis. Here are some highlights of the new system: Tennessee attorneys must first register with...
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