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27 Oct 2023, 6:02 am by The Law Offices of John Day, P.C.
Where an arbitration agreement had been signed by a decedent’s attorney in fact upon the decedent’s admission into a nursing home, and on a motion to compel arbitration filed by the nursing home the trial court considered evidence on whether the decedent had the mental capacity to execute the power of attorney for healthcare, the Tennessee Supreme Court affirmed the trial court’s consideration of such evidence. [read post]
26 Oct 2023, 8:00 am
District Court for the Western District of Tennessee, Civil Action No. 2:23-cv-02604, seeking monetary damages and injunctive relief.In a written statement, Edmond Sims, acting director of EEOC’s Memphis District Office, observed, “The Supreme Court has made clear that discrimination based on a person’s sexual orientation is unlawful …. [read post]
19 Oct 2023, 9:17 am by Chip Merlin
I quoted a Tennessee Supreme Court case struggling with the concept of indemnity when considering the meaning of “actual cash value” in yesterday’s blog, Should Depreciation Be Taken on Partial Losses When Determining Actual Cash Value? [read post]
18 Oct 2023, 12:18 pm by Chip Merlin
For example, the Tennessee Supreme Court clarified its rule, stating:1                  We are of the opinion that the action of the Court of Appeals in Third National Bank…does not overrule, but, on the other hand, supports Newark Fire…specifically held that depreciation should be deducted from replacement cost. [read post]
6 Oct 2023, 2:19 pm by John Ross
When the Supreme Court did just that, the law went into effect. [read post]
6 Oct 2023, 4:00 am by Jim Sedor
Supreme Court, minus a recused Clarence Thomas, turned down a bid by attorney John Eastman to erase court rulings that described him as a linchpin in former President Trump’s bid to subvert the 2020 election. [read post]
30 Sep 2023, 7:05 pm by Howard Bashman
“Gender-Affirming Care Ruling Could Force Supreme Court Reckoning”: Mary Anne Pazanowski of Bloomberg Law has this report. [read post]
30 Sep 2023, 12:24 pm by Jonathan H. Adler
Second, while the challengers do invoke constitutional precedents of the Supreme Court and our Court in bringing this lawsuit, not one of them resolves these claims. [read post]
29 Sep 2023, 6:13 am by Mary Anne Peck
The state joins a growing list of GOP-led states that have embraced expanded postpartum Medicaid coverage since the Supreme Court overturned Roe v. [read post]
26 Sep 2023, 9:21 am by Unknown
 The denial of en banc review cements a circuit split on this issue, one the Supreme Court will likely resolve. [read post]
24 Sep 2023, 9:01 pm by Austin Sarat
Jay Inslee signed a bill removing the death penalty from state law in April of this year, five years after the state supreme court declared it unconstitutional.Of the 18 people put to death so far in 2023, 10 have been white, six Black, and two have been Latinx. [read post]