SUPREME COURT OPINIONS

Billy R. Phillips v. State of Tennessee v. Tennessee Technological University, State of Tennessee
01S01-9708-BC-00173
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W.R. Baker

We granted this appeal to address whether the State may be liable for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2) in a workers' compensation case. We hold that the State may only be taxed for costs expressly permitted by either the Tennessee claims commission statute or the Workers' Compensation Act.

Davidson Supreme Court

Fay Thomas Nutt v. Champion International Corporation
01S01-9705-CH-00114
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Chancellor Jim T. Hamilton

We granted this appeal to determine whether an employer is entitled to an offset of long-term disability payments against a workers’ compensation award for permanent total disability. A 1996 amendment to Tenn. Code Ann. § 50-6-114 permits offsets against workers’ compensation benefits for payments made to an employee under an employer-funded disability plan. The plaintiff’s injury pre-dated the effective date of the statute. We hold that the amendment is not retroactive and the employer is not entitled to an offset in this case.
 

Davidson Supreme Court

Fay Thomas Nutt v. Champion International Corporation
01S01-9705-CH-00114

This cause came on to be heard upon the record on appeal from the Special Worker’s Compensation Appeals Panel, and the briefs and argument of counsel; and upon consideration thereof, this Court is of the opinion that the 1996 amendment to Tenn. Code Ann. § 50-6-114 of the Workers’ Compensation Act is not retroactive and the employer is not entitled to an offset against the worker’s compensation award in this case.

Wayne Supreme Court

Baptist Hospital, et al., v. Tennessee Department of Health and Department of Finance and Administration
01S01-9711-BC-00249
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W. R. Baker

We granted this appeal to determine whether the Tennessee claims commission has subject matter jurisdiction over the plaintiffs’ challenge to certain Medicaid reimbursements paid to them by the State. Upon review, we hold that the Tennessee claims commission lacks subject matter jurisdiction over this case. Because the plaintiffs’ challenge is based upon an assertion that a state Medicaid regulation is invalid under federal law, the Tennessee Department of Health was the agency with subject matter jurisdiction over this case pursuant to Tenn. Code Ann. § 4-5-223 of the Uniform Administrative Procedures Act ("UAPA").

Davidson Supreme Court

Baptist Hospital v. Tennessee Departments of Health and Finance and Administration
01S01-9711-BC-00249
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W. R. Baker

We granted this appeal to determine whether the Tennessee claims commission has subject matter jurisdiction over the plaintiffs’ challenge to certain Medicaid reimbursements paid to them by the State. Upon review, we hold that the Tennessee claims commission lacks subject matter jurisdiction over this case. Because the plaintiffs’ challenge is based upon an assertion that a state Medicaid regulation is invalid under federal law, the Tennessee Department of Health was the agency with subject matter jurisdiction over this case pursuant to Tenn. Code Ann. § 4-5-223 of the Uniform Administrative Procedures Act ("UAPA").

Davidson Supreme Court

State vs. Paul Dennis Reid and Christopher Davis
01S01-9809-CC-00175

Montgomery Supreme Court

State vs. Pike
03S01-9712-CR-00147

Knox Supreme Court

State vs. Bolden
02S01-9711-CC-00102
Trial Court Judge: Joe G. Riley. Jr.

Supreme Court

Rice vs. Sabir
03S01-9709-CV-00110

Supreme Court

The Tennessean, et al vs. Electric Power Board of Nashville
01S01-9709-CH-00181

Supreme Court

Terry vs. Niblack, et al
01S01-9709-CV-00180

Supreme Court

Terry vs. Niblack, et al
01S01-9709-CV-00180

Supreme Court

Rice vs. Sabir
03S01-9709-CV-00110

Supreme Court

State of Tennessee v. Kevin Burns
02S01-9708-CR-00073
Authoring Judge: Chief Justice Riley Anderson
Trial Court Judge: Judge Joseph B. Brown, Jr.

The defendant, Kevin Burns, was convicted of two counts of felony murder and two counts of attempted felony murder. The jury imposed the death penalty for one of the felony murder convictions after finding that evidence of an aggravating factor -- that the defendant knowingly created a great risk of death to two or more persons other than the victim murdered -- outweighed the evidence of mitigating factors beyond a reasonable doubt. The jury imposed a life sentence for the other felony murder conviction.

Jackson Supreme Court

State of Tennessee v. Kenneth EugeneTroutman
03S01-9705-CC-00049
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Arden L. Hill

While this case has ultimately been decided on a waiver issue, we granted this appeal to take the opportunity to address two very important issues of statutory construction in misdemeanor sentencing. The general issues may be framed as whether Tenn. Code Ann. § 40-35-209 and Tenn. Code Ann. § 40- 35-210 apply to misdemeanor sentencing. Specifically, the issues have been stated as: (1) whether a trial judge must state on the record, pursuant to Tenn. Code Ann. § 40-35-210(f), what enhancement or mitigating factors were employed in setting the sentence length in a DUI case; (2) whether a trial court must make specific findings on the record, pursuant to Tenn. Code Ann § 40-35-209(c), when fixing the percentage of a sentence to be served in incarceration under the misdemeanor sentencing statute; and (3) whether the appellate court erred in remanding this case for re-sentencing. We hold that §§ 40-35-209, - 210(f) are inapplicable to DUI sentencing and that the defendant's sentences should be affirmed.

Washington Supreme Court

Deborah Williams v. Tecumseh Products Company
02S01-9702-CV-00012
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge C. Creed McGinley

The Special Workers’ Compensation Appeals Panel approved the trial court’s award of benefits to Deborah Williams, the plaintiff, who had suffered symptoms of carpal tunnel syndrome related to her employment as an assembly-line worker for Tecumseh Products Company, the defendant. At issue are the causation and permanency of the worker’s injuries and the payment of discretionary costs related to the deposition of an examining physician. For the reasons appearing below, we adopt the panel’s findings of fact and conclusions of law with respect to the issues of causation and permanency. Although we affirm the award of discretionary costs, we vacate the panel’s order invalidating certain local procedures of the Twenty-Fourth Judicial District.

Henry Supreme Court

Victor James Cazes vs. State
02S01-9707-CR-00064
Trial Court Judge: L. Terry Lafferty

Shelby Supreme Court

Chrisman vs. Hill Home Development et al
03S01-9706-CV-00077

Knox Supreme Court

Chrisman vs. Hill Home Development et al
03S01-9706-CV-00077

Knox Supreme Court

Premium Finance Corp. vs. Crump Ins. Ser. of Memphis et al
02S01-9711-CV-00095

Shelby Supreme Court

McCurry vs. Container Corp. of America
03S01-9705-CH-00050
Trial Court Judge: Billy Joe White

Supreme Court

State vs. Williams
03S01-9706-CR-00060

Hamilton Supreme Court

01S01-9705-CH-00110
01S01-9705-CH-00110
Trial Court Judge: Robert S. Brandt

Supreme Court

State vs. Quintero and Hall
01S01-9703-CC-00068

Humphreys Supreme Court

01S01-9711-CH-00248
01S01-9711-CH-00248

Williamson Supreme Court