Defamation is the communication of a false statement that harms someone’s reputation, and a victim of defamation may be entitled to monetary damages. However, when an allegedly defamatory statement is made by a legislator in the course of their duties, the lawmaker is almost always immune from suit. In the recent Tennessee Court of Appeals
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“Unconstitutional” Panel Recommends Appellate Judges Be Retained
Davidson County Judge Hamilton “Kip” Gayden ruled last week that the Tennessee Judicial Performance Evaluation Commission, a panel set up to review the performance of Tennessee’s appellate judges, was unconstitutional because its members did not “approximate the population of the state with respect to race and gender,” as required by state law. However, Judge Gayden
Read on »Federal-style Plan for Appointment of Appellate Judges Moves Ahead
The Tennessee Senate recently approved a proposed amendment to the Tennessee Constitution that would allow the governor to select the judges that sit on the Tennessee Court of Appeals and Supreme Court. The proposed amendment was approved by an overwhelming margin (29-2) in the Senate and will now go on to the House of Representatives
Read on »DUIs Deemed ‘Unprofessional Conduct’ for Tennessee Doctors
The Tennessee Court of Appeals has reasoned that the conviction for a DUI may constitute “unprofessional conduct” and result in sanctions for a physician by the Tennessee Board of Medical Examiners. A Tennessee doctor pled guilty to a DUI in Arkansas and was subsequently placed on probation by the board. In Kleier v. Tennessee Bd.
Read on »Recovering Costs Not Always an Easy Case to Make
The Tennessee Court of Appeals recently upheld the Davidson County Chancellor Carol McCoy’s ruling that the plaintiff was not entitled to recover attorneys’ fees and costs associated with filing a lawsuit to obtain public records from the Metro-Nashville Police Department (MNPD). In Custis v. Metro. Nashville Police Department, the plaintiff (through her attorney) had submitted an
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