Anderson vs. Moran Foods
02S01-9610-CH-00093
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Shelby County | Supreme Court | 01/25/99 | |
Helms vs. Dept. of Safety
01S01-9709-CH-00185
Originating Judge:Irvin H. Kilcrease, Jr. |
Supreme Court | 01/25/99 | ||
Jordan vs. Baptist Three Rivers Hospital
01S01-9706-CV-00142
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Supreme Court | 01/25/99 | ||
State vs. Pettus
01S01-9709-CC-00202
Originating Judge:John H. Gasaway, III |
Montgomery County | Supreme Court | 01/25/99 | |
State vs. Vaughn Mixon
02S01-9804-CC-00034
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Supreme Court | 01/19/99 | ||
Wilson vs. Wilson
01S01-9807-CV-00130
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Supreme Court | 01/19/99 | ||
Seals vs. England/Corsair Upholstery Mfg Co., Inc. and 2nd Injury Fund
03S01-9704-CH-00044
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Supreme Court | 01/11/99 | ||
Seals vs. England/Corsair Upholstery Mfg Co., Inc. and 2nd Injury Fund
03S01-9704-CH-00044
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Claiborne County | Supreme Court | 01/11/99 | |
Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr., Director of the Division of Workers Compensation, Tennessee Dept of Labor - Concurring
03S01-9608-CH-00086
I concur in the majority's holding that this case falls within the purview of Tenn. Code Ann. § 50-6-208(a). I, however, continue to adhere to my dissent in Bomely v. Mid-America Corp., 970 S.W.2d 929 (Tenn. 1998), in which I concluded that Tenn. Code Ann. § 50-6-208(a) is applicable when there is a subsequent injury and the employee is rendered permanently and totally disabled. Subsection (b), however, should apply only when the employee is still able to earn a wage or be gainfully employed but has received compensable vocational disabilities that exceed 100 percent or 400 weeks of compensation
Authoring Judge: Justice Janice M. Holder
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Supreme Court | 01/04/99 | ||
Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr. Director Chancellor of the Division of Worker's Compensation Fund, Tennessee Department of Labor
03S01-9608-CH-00086
In this workers’ compensation action, the trial court determined that Wayne Eldred Hill, the employee, was permanently and totally disabled. Pursuant to Tenn. Code Ann. § 50-6-208(a), the court apportioned 10 percent of the award to the employer and 90 percent of the award to the Second Injury Fund. The case was referred to the Special Workers’ Compensation Appeals Panel for findings of fact and conclusions of law pursuant to Tenn. Code Ann. § 50-6-225(e). The Appeals Panel modified the award by apportioning 65 percent to the employer and 35 percent to the Second Injury Fund pursuant to Tenn. Code Ann. § 50-6-208(b).
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Chancellor Frederick K. McDonald |
Knox County | Supreme Court | 01/04/99 | |
State vs. Bobby Blackmon
01S01-9709-CR-00187
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Sumner County | Supreme Court | 12/21/98 | |
Est. of Ruth Garrett vs. St. Thomas Hospital
01S01-9710-CV-00218
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Supreme Court | 12/21/98 | ||
Walker vs. Saturn Corp.
01S01-9703-CV-00048
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Supreme Court | 12/21/98 | ||
Sanjines vs. Ortwein & Assoc.
03S01-9712-CV-00139
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Hamilton County | Supreme Court | 12/21/98 | |
State vs. Bobby Blackmon
01S01-9709-CR-00187
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Sumner County | Supreme Court | 12/21/98 | |
Wilson vs. Wilson
01S01-9807-CV-00130
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Davidson County | Supreme Court | 12/21/98 | |
Walker vs. Saturn Corp.
01S01-9703-CV-00048
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Supreme Court | 12/21/98 | ||
Sanjines vs. Ortwein & Assoc.
03S01-9712-CV-00139
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Hamilton County | Supreme Court | 12/21/98 | |
Wilson vs. Wilson
01S01-9807-CV-00130
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Supreme Court | 12/21/98 | ||
Alcazar vs. Hayes
03S01-9804-CV-00035
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Bradley County | Supreme Court | 12/21/98 | |
Robert L. DeLaney v. Brook Thompson, et al.
01S01-9808-CH-00144
In this case, we are invited to decide whether the Tennessee Plan for election of appellate judges, codified as Title 17, Chapter 4 of the Tennessee Code Annotated, is unconstitutional for a variety of reasons, but most particularly because it contemplates “retention elections” for incumbent appellate judges. In general, the Tennessee Plan provides that an incumbent appellate judge may run for reelection unopposed on the ballot, provided the incumbent’s retention has been recommended by the judicial evaluation commission; the judge will be retained in office if a majority of those voting in the election for that judge’s seat vote for such retention. Tenn. Code Ann. § 17-4- 115(d)(1)(1994). It is the duty of all courts, including the Supreme Court, to pass on a constitutional question only when it is absolutely necessary for the determination of thecase and of the rights of parties to the litigation. Glasgow v. Fox, 214 Tenn. 656, 666-667, 383 S.W. 2d 9, 13-14 (1964). See also, Jackson v. Davis, 530 F. Supp. 2, 4 n. 1 (E.D. Tenn.), aff’d, 667 F. 2d 1026 (6th Cir. 1981). We hold that it is not necessary to address the constitutionality of the Tennessee Plan in this case, because it is not applicable to the facts of this case. For that reason, the Court of Appeals erred in holding the Tennessee Plan constitutional, just as the trial judge erred in holding the Plan unconstitutional. We reach this conclusion because the express provisions of the Tennessee Plan render it inapplicable to the election for which defendant Brook Thompson, State Coordinator of Elections, refused to accept a qualifying petition submitted by the plaintiff, Robert L. DeLaney.
Authoring Judge: Chief Justice Ames Davis, Special Supreme Court
Originating Judge:Chancellor Ellen Hobbs Lyle |
Supreme Court | 12/21/98 | ||
Est. of Ruth Garrett vs. St. Thomas Hospital
01S01-9710-CV-00218
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Supreme Court | 12/21/98 | ||
Billy R. Phillips v. Tennessee Technological University, State of Tennessee
01S01-9708-BC-00173
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.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Commissioner W.R. Baker |
Supreme Court | 12/07/98 | ||
Baptist Hospital, et al., v. Tennessee Department of Health and Department of Finance and Administration
01S01-9711-BC-00249
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").
Authoring Judge: Justice Janice M. Holder
Originating Judge:Commissioner W. R. Baker |
Davidson County | Supreme Court | 12/07/98 | |
Billy R. Phillips v. State of Tennessee v. Tennessee Technological University, State of Tennessee
01S01-9708-BC-00173
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.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Commissioner W.R. Baker |
Davidson County | Supreme Court | 12/07/98 |