Exculpatory Agreements

Case:  Frederick Copeland v. Healthcare/Methodist Rehabilitation Hospital LP ET AL. Issue:  Can a company enforce an exculpatory agreement that releases it from claims of negligence? Facts:  Company provided medical transportation to … [Read more...]

Motion to Intervene Appeal

Case:  Dialysis Clinic, Inc., et al. v. Kevin Medley, et al. Issue:  Is the denial of a motion to intervene a final order subject to a Rule 3 Appeal as of Right, or a non-final order requiring interlocutory appeal? Facts:  This case … [Read more...]

Search Warrants in Child Porn Cases

Case:  State of Tennessee v. Anthony Jerome Miller Issue:  Can only District Attorneys obtain a search warrant in child pornography cases? Facts:  A police officer obtained a search warrant for a child pornography investigation after … [Read more...]

Parol Evidence and Indemnity Clauses

Case:  Individual Healthcare Specialists, Inc. v. BlueCross BlueShield Of Tennessee, Inc. Issues:  Should the court have considered parol evidence in determining the meaning of an indemnity provision? Do indemnification provisions apply to … [Read more...]

Good-Faith Exception to Exclusionary Rule

Case:  State of Tennessee v. Jerome Antonio McElrath Issue:  Does the “good-faith exception” exclude evidence collected from an arrest that was based on erroneous police information? Facts:  Defendant was on a “barred list” from entering … [Read more...]

How Can Cyntoia Brown Be Released From Prison?

Photo credit: Mbure/Wikipedia Cyntoia Brown, a Tennessee inmate serving a life sentence, has been in the news recently after celebrities and viral internet campaigns brought her case to light. Kim Kardashian even recruited her own lawyer to … [Read more...]

Sex Offender Probation

Case:  State v. Westley A. Albright Issue:  Can a person on sex offender probation be violated for failing to admit his or her crime? Facts:  Defendant pled nolo contendere to a sex offence. As a condition of probation, Defendant agreed … [Read more...]

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