Highlights from 37 TAM 6, February 6, 2012
Supreme Court
• Supreme Court makes annual registration fee payable on or before first day of attorney’s birth month and imposes annual inactive-status fee. For the full text, click here.
Court of Appeals
• Court of Appeals vacates penalty assessed by Department of Labor and Workforce Development against workers’ comp insurance carrier when carrier was not afforded proper notice of basis for issuing penalty in violation of due process. For the full text, click here.
Court of Appeals
• Court of Appeals says any increase in value of pension benefits that accrues during marriage, regardless of reason for increase — including “military deposit” which added 2,190 days to husband’s Federal Employee Retirement Service participation and allowed him to retire six years earlier — should be considered marital property. For the full text, click here.
Court of Appeals
• Court of Appeals holds parties’ antenuptial agreement was not valid when wife was unsophisticated with respect to legal or financial matters, she was rushed into signing antenuptial agreement which lacked values for husband’s listed assets, she had limited awareness of husband’s financial status, and she was misled by husband to believe that agreement would be invalid as antenuptial agreement. For the full text, click here.
Count of Criminal Appeals
• Court of Criminal Appeals says trial court erred in failing to inform jury of judgments of acquittals and in refusing to allow defense counsel to refer to judgments of acquittal during closing argument, but finds error was harmless. For the full text, click here.
Sixth Circuit Court of Appeals
• Sixth Circuit reverses summary judgment in favor of defendant Kobe Bryant on assault and battery claims when plaintiff, who was sitting in courtside seat at Lakers-Grizzlies game, alleged that Bryant, after careening out of bounds and coming into contact with plaintiff, pushed his forearm into plaintiff’s chest in unnecessary and forceful manner, injuring plaintiff. For the full text, click here.
A look at civil cases on agenda of state's highest court
The Tennessee Supreme Court has heard or set for oral argument cases addressing a variety of issues in the civil arena, including the failure to comply with the pretrial notice and good faith requirements in a medical malpractice case filed before but nonsuited and refiled after the 2008 and 2009 legislative changes, whether a bystander claim is a “bodily injury” to the bystander for purposes of liability limits in an insurance policy, and what damages can be awarded for “paternity fraud.” For the rest of the story, click here.