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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. M2016-01109-COA-R3-CV
Regular Panel Decision
Mar 31, 2017

David R. Smith v. The Tennessee National Guard

This case involves a military service member's claim against the Tennessee National Guard pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and Tennessee Code Annotated section 29-20-208. The trial court dismissed the complaint for failure to state a claim, a decision affirmed in previous appeals based on sovereign immunity and the accrual date of the claim. In this third appeal, the Court of Appeals considered the constitutionality of Tennessee Code Annotated section 29-20-208 and whether Smith's cause of action accrued prior to July 1, 2014. The court reversed the trial court's order of dismissal, holding that Smith's USERRA claim against the Tennessee National Guard did not accrue until July 1, 2014, when sovereign immunity was waived, thereby providing a judicial remedy. The case is remanded for further proceedings.

USERRA ClaimsSovereign Immunity WaiverCause of Action AccrualConstitutional LawSupremacy ClauseMilitary Employment RightsState Court JurisdictionStatutory InterpretationTennessee LawAppellate Procedure
References
36
Case No. M2023-00812-COA-R3-CV
Regular Panel Decision
Aug 26, 2024

Stephanie Garner v. State of Tennessee, and its agency, Tennessee Department of Correction

Plaintiff Stephanie Garner sued the State of Tennessee and its agency, the Tennessee Department of Correction, alleging disability discrimination for refusal to hire. A jury found in Garner's favor, awarding $10,000 for lost wages and $5,000 in compensatory damages. Garner's counsel then sought nearly $700,000 in attorney fees, which the trial court reduced by 25% to $511,620. The Department appealed the fee award, arguing it was excessive and based on an incorrect legal standard. The Court of Appeals vacated the attorney fee award and remanded the case, citing the trial court's failure to provide clear and thorough explanations for its decision based on the factors outlined in Tennessee Supreme Court Rule 8, RPC 1.5.

Disability DiscriminationAttorney FeesAppellate ReviewJudicial DiscretionTennessee Disability ActRule of Professional Conduct 1.5Excessive BillingVacate and RemandProportionality ArgumentLegal Standards
References
68
Case No. 03A01-9902-CH-00077
Regular Panel Decision
Jul 13, 1999

Natl. Gas Dist. v. Sevier Co. Utility

The Tennessee Court of Appeals addressed a challenge brought by National Gas Distributors against Sevier County Utility District and the State Attorney General. The plaintiff contested a statutory amendment that permitted utility districts, including the defendant, to sell propane, arguing it violated due process and equal protection under both state and federal constitutions. The court affirmed the dismissal of the complaint, ruling that National Gas Distributors lacked standing to challenge classifications among utility districts and failed to demonstrate discriminatory intent or a lack of rational basis for the statute concerning private propane dealers. The decision upheld the legislature's authority to enable utility districts to provide propane services.

Utility LawPropane SalesConstitutional ChallengeDue ProcessEqual ProtectionStanding DoctrineLegislative AuthorityUtility DistrictsUnfair CompetitionStatutory Amendment
References
23
Case No. E2003-01685-COA-R3-CV
Regular Panel Decision
May 26, 2004

Randall C. Hagy v. Commisssioner, Tennessee Department of Labor and Workforce Development and Tennessee Distribution, Inc.

Randall C. Hagy was discharged from his employment with Tennessee Distribution, Inc. after refusing to handle materials he deemed offensive to his religious beliefs. The Commissioner of the Tennessee Department of Labor and Workforce Development denied Hagy unemployment benefits, a decision subsequently affirmed by the Chancery Court for Sullivan County. Hagy appealed to the Court of Appeals of Tennessee, raising issues concerning the evidentiary support for the decision, alleged procedural violations of his right to a jury trial, and violations of his constitutional rights, including freedom of religion. The Court of Appeals affirmed the trial court's decision, finding substantial and material evidence supported the Board's conclusion that Hagy was discharged for misconduct due to his refusal to perform job duties. The court also determined that the unemployment compensation law was a neutral and generally applicable law, thus not violating Hagy's free exercise of religion, and declined to address the jury trial issue as it was not raised in the lower court.

Unemployment CompensationReligious DiscriminationEmployee MisconductRefusal to WorkFreedom of ReligionAppellate ReviewSubstantial EvidenceAdministrative LawChancery CourtCourt of Appeals
References
9
Case No. M2013-01235-COA-R3-CV
Regular Panel Decision
Jul 07, 2014

Kimberly A. Sparkman v. Burns Phillips, Commissioner, Tennessee Department of Labor And Workforce Development, and First Tennessee Bank, N. A.

This appeal concerns the denial of unemployment compensation benefits to Kimberly A. Sparkman. She was terminated from her employment at First Tennessee Bank, N.A., for refusing an alcohol test after her supervisors detected alcohol on her. Sparkman had previously been warned that refusal to take such a test would result in termination. The Tennessee Department of Labor and Workforce Development, the Appeals Tribunal, the Board of Review, and the Chancery Court all found her refusal to constitute work-related misconduct, thereby disqualifying her from benefits. The Court of Appeals of Tennessee affirmed the lower court's decision, holding that the smell of alcohol provided a reasonable basis for the test request and that her refusal, despite prior warning, was work-related misconduct under state law.

unemployment benefitsworkplace misconductalcohol testingrefusal to testemployment terminationjudicial reviewadministrative decisionTennessee lawappellate reviewreasonable suspicion
References
13
Case No. ADJ7892653
Regular
Jul 22, 2016

PETER ALVAREZ vs. CALIFORNIA NATIONAL GUARD, STATE OF CALIFORNIA, OFFICE OF THE ATTORNEY GENERAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Removal, rescinding the order that joined the Office of the Attorney General as a party. The Board found the Attorney General was not a necessary party as the applicant clearly identified the California National Guard as their employer. Furthermore, the Board raised a jurisdictional issue, as National Guard service under Title 32, which may apply here, generally precludes state workers' compensation benefits. The case is returned to the trial level for an evidentiary hearing to determine jurisdiction.

Petition for RemovalOrder Joining Party DefendantCalifornia National GuardState Active DutyTitle 32Title 10Inactive Duty TrainingMilitary and Veterans CodeNachbaurJurisdiction
References
5
Case No. M2010-01955-COA-R3-CV
Regular Panel Decision
Jun 28, 2011

State of Tennessee, by and through Robert E. Cooper, Jr., Attorney General and Reporter for the State of Tennessee v. NV Sumatra Tobacco Trading Company

This case involves the State of Tennessee suing NV Sumatra Tobacco Trading Company, a foreign tobacco product manufacturer, for failing to make required escrow deposits under the Tobacco Escrow Fund Act. The trial court initially granted summary judgment to Sumatra due to a lack of personal jurisdiction. On appeal, the Court of Appeals of Tennessee reversed, concluding that Sumatra had sufficient minimum contacts with the state through its intentional nationwide distribution system. The court found that Sumatra purposefully availed itself of the Tennessee market and that exercising personal jurisdiction was fair and reasonable. Additionally, the appellate court upheld the constitutionality of the Escrow Fund Act against Sumatra's affirmative defenses, remanding the case for the calculation of escrow funds owed by Sumatra.

Personal JurisdictionTobacco Escrow Fund ActMinimum ContactsStream of CommerceForeign CorporationSummary JudgmentAppellate ReviewDue ProcessEqual ProtectionState Statutes
References
133
Case No. No. 85209 / Appeal No. 01A01-9804-BC-00196
Regular Panel Decision
Sep 14, 1998

Scott Graham Hartman, Kay Hartment, his mother and duly qualified conservator and guardian, and Cleon Hartman v. The University of Tennessee, and The State of Tennessee

This case involves an appeal from the Tennessee Claims Commission concerning a student athlete who sustained a catastrophic injury during a track and field competition. Scott Graham Hartman, Kay Hartman, and Cleon Hartman, the claimants/appellants, sought to recover medical expenses and damages for negligence from The University of Tennessee and The State of Tennessee. The University had a scholarship contract obligating it to provide treatment, and various insurers paid significant medical costs. Appellants argued for subrogation rights on behalf of the insurers, despite the insurers not being parties to the lawsuit, and challenged the Commission's denial of their claim. The Court of Appeals affirmed the Commission's decision, finding no legal basis for the appellants to claim expenses they had not paid, nor for their subrogation arguments without the insurers being proper parties. A subsequent petition for rehearing was also denied.

Student athlete injuryCatastrophic injuryScholarship contractSubrogation rightsInsurance reimbursementMedical expensesTennessee Claims CommissionAppellate reviewReal party in interestNegligence claim
References
4
Case No. MISSING
Regular Panel Decision

Barnes v. National Mortgage Co.

Raymond Barnes appealed a trial court decision denying him workmen's compensation benefits for a back injury, arguing he was an employee of National Mortgage Company. The lower court determined Barnes was an independent contractor. The Supreme Court of Tennessee affirmed this ruling, citing factors such as Barnes supplying his own tools, flexible working hours, and the ability to work for other companies, which indicated an independent contractor status despite a 5% deduction for workmen's compensation. The court emphasized that the right to control the method of performance, rather than just supervision, is key. Barnes' claim that National Mortgage Company was estopped from denying coverage due to the deduction and a representative's statement was also rejected, as the trial judge's findings on the facts were supported by evidence.

Independent ContractorEmployee StatusWorkmen's CompensationEmployer-Employee RelationshipRight to ControlMethod of PaymentFurnishing ToolsRight of TerminationEstoppelTennessee Law
References
3
Case No. 09-01-511 CV
Regular Panel Decision
Sep 26, 2002

American National Insurance Company, and American National Property and Casualty Company v. Frank E. Cannon, II, Clifton Mark Grayless, Deborah Glenn, and Robert Westover, Individually and on Behalf of All Other Similarly Situated

This is an interlocutory appeal from a class certification order. American National Insurance Company (ANICO) and American National Property and Casualty Company (ANPAC) appealed the certification of a class action brought by former agents (Frank E. Cannon II, Clifton Mark Grayless, Deborah Glenn, and Robert Westover). The agents alleged breach of contract, fraud, negligent misrepresentation, and violations of the Deceptive Trade Practices Act and Insurance Code, seeking declaratory judgments regarding non-compete provisions and repayment of advance agreements. The appellate court found that individual issues, such as the reasonableness of non-compete restrictions and reliance on oral representations for advance payments, predominated over common issues. Consequently, the court determined that the requirements for class certification under Texas Rule of Civil Procedure 42(b)(4), (b)(2), and (b)(1)(A) were not satisfied. The class certification order was vacated, and the case was remanded to the trial court for further proceedings consistent with the opinion.

Class ActionInterlocutory AppealContract DisputeNon-compete ClauseAgent AgreementsInsurance AgentsDeclaratory JudgmentStandingRipenessPredominance
References
20
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