Law Blog - Dodson Parker Behm & Capparella, PC

The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.

Amazon 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,...

Tennessee 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...

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...

Tennessee 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...

As 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...

Harmless 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...

Popular 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...

Court 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...

“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....

New 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...

New 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...

U.S. Supreme Court Ruling Requires Warrants for Location Information Collected by Cell Phone Carriers

As smart phones have become prevalent in society, questions about how privacy law applies to phone data have become more frequent. Often, apps will make records of very specific geographic locations and gather other information that many people consider to be personal. But that collected data doesn’t stay on the phone; it is sent to the various businesses that provide the apps and...

Have you had your “Paycheck Checkup”?

The most recent tax reform laws could have a significant impact on filers who have itemized their deductions in the past. (Many people have historically itemized their deductions to take advantage of mortgage interest deductions and deductions for donations to charity.) People who’ve itemized deductions on past tax returns should consider doing a “paycheck checkup.” You can use the updated IRS...