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

Case No. M2005-02719-COA-R3-CV
Regular Panel Decision
Jun 30, 2010

Wilson County Board of Education v. Wilson County Education Association and Steve Johnson

An assistant principal, Steve Johnson, was transferred to a teaching position by the Wilson County Board of Education. He, along with the Wilson County Education Association, grieved the transfer under a locally negotiated agreement. After the grievance was denied through internal steps, they sought to compel arbitration in the Chancery Court for Wilson County. The trial court granted summary judgment to the Board, concluding that assistant principals are statutorily similar to principals, giving the director of schools unrestrained authority to transfer them. On appeal, the Court of Appeals of Tennessee at Nashville affirmed the trial court's judgment, but on different grounds. The appellate court held that despite the agreement mentioning "binding arbitration," it also stated that the arbitrator "may recommend" remedies, creating an inconsistency that prevented a "meeting of the minds" on the final resolution procedure, thus rendering the arbitration agreement unenforceable.

Education Professional Negotiations ActGrievance ProcedureArbitration AgreementMeeting of the MindsContract InterpretationTeacher TransferAssistant PrincipalStatutory AuthoritySchool Board PowersBinding vs. Advisory Arbitration
References
29
Case No. MISSING
Regular Panel Decision

In re the Estate of Wilson

Dorothy S. Wilson, as executrix of the estate of Leonard R. Wilson, filed a petition for discovery against Lee Ford concerning the proceeds of Leonard R. Wilson's retirement plan, which named Ford as the beneficiary. Mr. Wilson died in 1985, having a vested benefit in the Corporate Profit Sharing Plan and Trust Agreement for Cobblestone Enterprises, Inc. The court considered the 1984 amendments to ERISA requiring a qualified preretirement survivor annuity (QPSA) for surviving spouses. Despite the plan's amendment occurring after Mr. Wilson's death, a transition rule mandated the QPSA amendments be treated as in effect at the time of death. The court, citing no New York authority, concluded that given the Cobblestone plan was a 'defined benefit plan' and under the ERISA transition rule, Dorothy S. Wilson, as the surviving spouse, was entitled to the entire $8,643.38 proceeds of the retirement plan.

ERISARetirement PlanQualified Preretirement Survivor AnnuityQPSADefined Benefit PlanTransition RuleSurviving SpouseBeneficiary DisputeEstateProbate
References
2
Case No. MISSING
Regular Panel Decision

Wilson v. Wilson

This Supreme Court opinion addresses whether a private attorney representing the beneficiary of a court order in a civil case may prosecute a criminal contempt action alleging a violation of that order. The Court reversed the Court of Appeals' automatic disqualification rule, holding that neither constitutional principles nor ethical standards in Tennessee automatically preclude such representation. The decision distinguishes itself from the federal Young case, highlighting differences in prosecutorial powers and the existence of judicial oversight through procedural rules like Tenn. R.Crim. P. 42(b) and Tenn. R. Civ. P. 11. The Court emphasized that a private litigant's interest in enforcing a court order often coincides with the court's authority, and that judicial scrutiny safeguards against abuse.

Contempt of CourtCriminal ContemptPrivate CounselProsecutorial DiscretionJudicial EthicsDue ProcessAppellate ReviewDivorce ProceedingsTennessee Supreme CourtLegal Representation
References
27
Case No. MISSING
Regular Panel Decision

Baines v. Wilson County

Roy Baines, a former firefighter and ambulance driver, sued Wilson County, Wilson Emergency Management Agency (WEMA), and his supervisor, David Hale, for retaliatory discharge after being fired following a workers' compensation claim. The trial court dismissed the suit, ruling that Wilson County and WEMA were immune under the Tennessee Governmental Tort Liability Act (GTLA) and that Baines failed to establish a prima facie case against Hale because Hale was not his employer. The appellate court affirmed this decision, concurring that governmental entities are immune from common law retaliatory discharge claims under the GTLA, and that a supervisor cannot be held individually liable for retaliatory discharge unless they are the actual employer.

Retaliatory DischargeGovernmental ImmunityTennessee Governmental Tort Liability ActWorkers' Compensation ClaimAt-Will Employment DoctrineSupervisor LiabilityMotion to DismissCommon Law TortAppellate ReviewPrima Facie Case
References
18
Case No. MISSING
Regular Panel Decision

Wilson v. State

Jimmy Dee Wilson was convicted of murder and sentenced to sixty years' imprisonment for killing Butch Monday, the husband of his long-term mistress, Terri Monday. On appeal, Wilson raised several points of error, including improper statements by the State during closing arguments, failure to exclude witness testimony, sufficiency of the evidence, errors in the trial court's jury charge regarding sudden passion and apparent danger, and the admission of evidence of extraneous offenses or bad acts (telephone harassment, drug sales, treatment of Terri's children, carrying a handgun, and worker's compensation fraud). The appellate court addressed each point, finding no merit in Wilson's arguments. Specifically, it found the State's closing arguments permissible, the witness testimony properly admitted (or error harmless), and the evidence sufficient to support the conviction. The court also determined that the jury charge adequately covered apparent danger and that, while the admission of testimony regarding Wilson selling Vicodin to Terri was erroneous, it did not substantially influence the jury's verdict. Therefore, the trial court's judgment was affirmed.

MurderCriminal AppealSelf-defense ArgumentSudden Passion DefenseJury Argument ProprietyWitness ExclusionEvidence Sufficiency ReviewJury Charge ErrorExtraneous OffensesRule 403
References
41
Case No. MISSING
Regular Panel Decision

Wilson v. Andrews

Officer Eric Wilson was suspended by Lubbock Police Chief Ken Walker, leading Wilson to challenge the suspension via arbitration under the Texas Civil Service Act, Chapter 143, Section 143.057(d). The City of Lubbock, Chief Walker, and Mary Andrews subsequently sued, contending that a local ordinance should govern over the state statute and that the arbitration provision was unconstitutional. The trial court sided with Wilson, but the court of appeals reversed. On review, the Supreme Court of Texas reversed the appellate court's decision, affirming that the state Civil Service Act, including its amendments, governs cities that have adopted it. The Court further rejected all constitutional challenges brought by Lubbock, reinstating the trial court's judgment in favor of Wilson and upholding his right to arbitration.

ArbitrationCivil Service ActPolice Disciplinary ActionHome Rule City PowersUnconstitutional DelegationDue Process ChallengeEqual Protection ChallengeStatutory InterpretationTexas Local Government CodePolice Officer Appeal
References
16
Case No. C.A. No. 02A01-9607-CV-00154
Regular Panel Decision
May 22, 1997

Gordon Burks v. Belz-Wilson Properties

Gordon Burks was paralyzed after attempting a backflip into a gymnastics pit at the Wimbleton Sportsplex during a Crye-Leike Olympics event in Memphis. He had signed a release form the day before, which he did not read. Burks sued Belz-Wilson Properties and other related entities, alleging negligence for unsafe premises. The trial court initially granted summary judgment to the defendants, upholding the release. The Court of Appeals reversed and remanded the decision, finding that while the defendants were the true parties to the release through their trade name, the release's language concerning 'participation in these events' was ambiguous and did not cover Burks' injury, which occurred during an activity unrelated to a scheduled event.

NegligenceRelease AgreementSummary JudgmentPremises LiabilitySpinal InjurySportsplexTrade NameContract InterpretationAppellate ReviewAmbiguity
References
13
Case No. 06-07-00084-CV
Regular Panel Decision
Apr 09, 2008

in Re: Estate of Leslie Wayne Wilson

Brett Lee Wilson filed a restricted appeal challenging the trial court's order admitting his father's will to probate. Wilson raised three issues, primarily contending that Shelli Kay Wilson, the applicant, failed to overcome the presumption that the lost will had been revoked and failed to serve him with an amended application. The Court of Appeals found that notice of the amended application was not required under the Texas Probate Code. However, the court concluded that the evidence provided by Shelli Kay Wilson was legally insufficient to rebut the presumption of revocation of the missing original will. Due to the legal insufficiency of the evidence and in the interest of justice, the court reversed the trial court's judgment and remanded the case for further proceedings, noting that the facts may not have been fully developed in the uncontested probate hearing.

Probate LawLost WillPresumption of RevocationLegal Sufficiency of EvidenceRestricted AppealTexas Rules of Civil ProcedureTexas Probate CodeNotice RequirementsAppellate ProcedureReversal and Remand
References
33
Case No. MISSING
Regular Panel Decision

Wilson v. Dallas Independent School District

Stephen Wilson, a former teacher for Dallas Independent School District (DISD), appealed the trial court's judgment which granted DISD’s plea to the jurisdiction and motion for summary judgment, dismissing Wilson’s Whistleblower Act cause of action. Wilson alleged he was coerced by assistant principals into illegally changing a student athlete's grade to maintain the student’s eligibility for extracurricular activities, a violation of the 'no pass, no play' rule and other statutes. He reported these alleged violations to school board members, an area superintendent, DISD’s Office of Professional Responsibility, the District Attorney’s office, and the University Interscholastic League. Following his reports, Wilson claims his class was eliminated, he was reprimanded, received a negative performance evaluation, and was denied interviews at other DISD schools, leading to a lower-paying position in another district. The appellate court affirmed the trial court’s judgment, concluding that Wilson failed to report a violation of law as defined by the Whistleblower Act because his reports did not assert the student actually participated in extracurricular activities while ineligible, and his arguments regarding other statutes were not properly preserved for appeal in the trial court.

Whistleblower Protection ActGovernmental ImmunityPublic EmployeeGrade TamperingExtracurricular EligibilityNo Pass No Play RuleTexas Education CodeTexas Penal CodeSubject Matter JurisdictionAppellate Review
References
17
Case No. M2008-02850-CCA-R3-CD
Regular Panel Decision
Dec 19, 2011

State of Tennessee v. Danita Lanette Wilson and Tiffany Nicole Norman

Danita Lanette Wilson and Tiffany Nicole Norman appealed their convictions for various drug-related and child neglect offenses. A child in Wilson's care overdosed on illicit drugs found in Wilson's known drug house, leading to aggravated child neglect charges. The appellate court upheld most convictions, including drug distribution and related charges for both defendants, and Wilson's child neglect convictions. However, the court reversed and dismissed Norman's child neglect convictions, citing insufficient evidence of her duty of care. The court also affirmed Wilson's lengthy sentence, remanding only for a minor judgment correction.

Child NeglectDrug DistributionControlled SubstancesAggravated Child NeglectConspiracy to Sell DrugsFelony ConvictionsMisdemeanor ConvictionsSentencing ReviewConsecutive SentencesExpert Medical Testimony
References
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