Highlights from 35 TAM 36, September 6, 2010
Supreme Court
• Supreme Court declines to adopt bright line rule applicable to all layoffs and lists factors that may assist trial courts in meaningful return to work analysis. For the full text, click here.
• Supreme Court rules that service of process on customer service representatives and accounts payable clerk did not constitute effective service of process on defendants, doctor and professional corporation. For the full text, click here.
Court of Appeals
• Court of Appeals, in affirming trial court’s disqualification of plaintiff’s expert in medical malpractice case, rules that while plaintiff’s expert presented information about medical community in Memphis, he failed to sufficiently compare Memphis to community with which he was familiar, i.e., Springfield, Missouri. For the full text, click here. For the seperate concurring opinion, click here.
Court of Criminal Appeals
• Court of Criminal Appeals, in affirming denial of motion to suppress marijuana found in garage, says that although defendant’s ex-wife had no actual common authority over garage on defendant’s property, facts available to officers would have warranted “man of reasonable caution in the belief that the consenting party had authority over the premises.” For the full text, click here.
Sixth Circuit Court of Appeals
• Sixth Circuit says defendant’s encounter with officer did not amount to “verbal search” when officer, after grabbing defendant’s arm, asked defendant “if he had a weapon,” “if he had anything on him,” or “if he had anything in his pocket.” For the full text, click here.
Davidson Chancery Court
• Davidson Chancery Court refuses to approve agreement, as presently written, by Fisk University to sell Alfred Stieglitz Collection of art to Crystal Bridges Museum. For the full text, click here.
Review of short titles from 2010 legislative session
Several new acts passed during the 2010 legislative session contain short titles. Topics of the new laws include community property, child abduction prevention, residential swimming pools, appraisal management companies, and fatal accidents in construction zones. Some of the new laws are named after individuals — Tanner Lee Jameson, Kristen K. Hunter, Katie Beth, Colby Stansberry, Markie Voyles, and Rachel Clawson. For the rest of the story, click here.