Highlights from 35 TAM 11, March 15, 2010
Supreme Court
• Supreme Court adopts Rule 13A permitting Administrative Office of Courts to establish system for electronically submitting certain fee claims associated with representation of indigent litigants. For the full text, click here.
Court of Appeals
• Court of Appeals, in case of first impression, rejects father’s contention that family purpose doctrine is inapplicable as matter of law due to his separate residence at time son was involved in accident while driving car purchased by father for son’s 16th birthday. For the full text, click here.
• Court of Appeals affirms award of $250,000 in punitive damages, award resulting from trial court’s action in reducing jury’s verdict of $500,000 in punitive damages, in case in which plaintiff alleged that termination of her employment with defendant was motivated by her reporting of co-worker for sexual abuse of minor. For the full text, click here.
• Court of Appeals says “willful and malicious” standard for exemplary damages under Trade Secrets Act should be interpreted differently from traditional standard for punitive damages so as not to require finding of “hatred, ill will or spite.” For the full text, click here.
• Court of Appeals says juvenile court referees had authority to hold juvenile court clerk in contempt and have him incarcerated until files were produced. For the full text, click here.
• Court of Appeals says defendant, who appeals from adverse judgment rendered against him or her in general sessions court, may dismiss appeal at any time in circuit court and thereby dismiss plaintiff’s additional claims asserted in amended complaint in circuit court. For the full text, click here.
Court of Criminal Appeals
• Court of Criminal Appeals reduces conviction for especially aggravated robbery to aggravated robbery when some time passed between when victim was robbed and when he was shot. For the full text, click here.
Evaluation commission recommends retention of Lee, McClarty
The Judicial Performance Evaluation Commission (Commission) has recommended that Tennessee voters retain Supreme Court Justice Sharon G. Lee and Court of Appeals Judge John Wesley McClarty. For the rest of the story, click here.