Highlights from 35 TAM 10, March 8, 2010
Supreme Court
• Supreme Court says that after Williamson County collects privilege tax based on projected square footage, Williamson County Adequate Facilities Tax Act prohibits county from collecting additional privilege taxes based upon actual square footage as constructed. For the full text, click here. For the dissenting opinion, click here.
Court of Appeals
• Court of Appeals, in dispute between employee and employer over life insurance coverage under group insurance, holds employer breached duty owed to employee to notify him of his right to convert policy to individual policy after his termination. For the full text, click here. For the partial dissenting opinion, click here.
• Court of Appeals holds employee’s conduct in admitting to his supervisor that he used marijuana on his own time did not constitute work-related misconduct disqualifying him from receiving unemployment compensation when employer did not demonstrate that actions of employee, who passed drug test, had any adverse effect on his work. For the full text, click here.
Court of Criminal Appeals
• Court of Criminal Appeals rules petitioner failed to establish by preponderance of evidence that he was mentally retarded at time of offense, and hence, death sentence was not unconstitutional. For the full text, click here.
Total awards in Tennessee up 30% in fiscal year 2009
The average award and total awards in personal injury and wrongful death cases across Tennessee increased 30% and 18%, respectively, during the 2009 fiscal year, according to statistics prepared by the Administrative Office of the Courts (AOC). For the rest of the story, click here.