Case law

Lee Phan v. Tennessee Department of Commerce and Insurance

Court of Appeals of Tennessee · Mar 2, 2017

v. … Because the Board is attached to the Department for administrative purposes, it is appropriate for the Department to represent the Board in a contested case hearing before an ALJ. See Martin v.

Creative Restaurants, Inc. v. City of Memphis

795 S.W.2d 672 · Court of Appeals of Tennessee · Apr 25, 1990

The first is that of Board of Education of Memphis City Schools v. Memphis Pub. Co., 585 S.W.2d 629 (Tenn.App.1979). … Winstead v. First Tennessee Bank N.A., Memphis, 709 S.W.2d 627 (Tenn.App.1986). Again, we are of the opinion that Board of Education v.

James Jennings v. Charles Traughber

Court of Appeals of Tennessee · Mar 6, 1996

If the agency or board has reached its decision in a constitutional or lawful manner, then the decision would not be subject to judicial review. Powell v. … State v. Wade, 863 S.W.2d 406, 408 (Tenn. 1993).

Patricia Rounds v. Kathleen L. Caldwell

Court of Appeals of Tennessee · May 15, 2006

But, the complaint filed with the Board essentially alleged the same wrongful acts of the Defendant as alleged in this action, which concludes the issue as a matter of law. See, Hill v. Moncier, 122 S.W.3d 787 (Tenn. … App. 2003); Swett v. Binkley, 104 S.W.3d 64 (Tenn. Ct. App. 2002).

Krishnalal J. Patel v. Dileep Patel

Court of Appeals of Tennessee · Apr 7, 2004

Moulton v. Ford Motor Co., 533 S.W.2d 295, 296 (Tenn. 1976); Jordan v. … Richardson v. Tenn. Bd. of Dentistry, 913 S.W.2d 446, 459 (Tenn. 1995); Brown v. Brown, 29 S.W.3d 491, 495 (Tenn. Ct. App. 2000); Collins v. Greene County Bank, 916 S.W.2d 941, 945 (Tenn. Ct. App. 1995).

Brittney Patterson v. Jerry Dunn

Court of Appeals of Tennessee · Jun 16, 1999

Brown gave his expert opinion at trial about how the two accidents occurred. … When Brown inspected the site at which the accident occurred, Brown noted the condition of the roadway and took a variety of measurements.

Ferguson v. Nationwide Property & Casualty Insurance Co.

218 S.W.3d 42 · Court of Appeals of Tennessee · Dec 15, 2006

Hunter v. Brown, 955 S.W.2d 49, 50-51 (Tenn.1997); Mason v. Seaton, 942 S.W.2d 470, 472 (Tenn.1997). … See: Caster v. Board of Education of Albuquerque, 86 N.M. 779 , 527 P.2d 1217 (1974); Manukas v. American Ins. Co., 98 N.J.Super. 522 , 237 A.2d 898 (1968); Gorman v. St.

Tony Willis v. Dept of Correction

Court of Appeals of Tennessee · Mar 13, 2001

the disciplinary board neither acted unlawfully nor exceeded its jurisdiction.” … Thus, Sandin v.

Fred E. Dean v. Donal Campbell

Court of Appeals of Tennessee · Sep 2, 1998

Wells v. Brown, 891 F.2d 591 (6th Cr. 1989). Appellant asks whether the trial court abused its discretion in granting this motion to dismiss on the merits. Capacity is raised by specific negative averment. … See Wells v. Brown, 891 F.2d 591 (6th Cr. 1989).

E.J. Bernard v. Metropolitan Government of Nashville and Davidson County

Court of Appeals of Tennessee · Mar 28, 2007

BERNARD, ET AL. v. … Review under the writ is limited to whether "the inferior board or tribunal (1) has exceeded its jurisdiction, or (2) has acted illegally, arbitrarily, or fraudulently." McCallen v.

Jabari Issa Mandela a/k/a John H. Wooden v. Tennessee Department of Correction

Court of Appeals of Tennessee · Jul 29, 2011

Howell v. State, 569 S.W.2d 428, 430 n.1 (Tenn. 1978). … Mathews Partners, LLC v. Lemme, No. M2008- 01036-COA-R3-CV, 2009 WL 3172134, at *3 (Tenn. Ct. App. Oct. 2, 2009) (citing Hunter v. Brown, 955 S.W.2d 49, 50-51 (Tenn. 1977)).

Laura Coffey v. Cherokee Aviation, Inc.

Court of Appeals of Tennessee · Jul 13, 1995

Otis v. Cambridge Mut. Fire Ins. Co., 850 S.W.2d 439, 442 (Tenn.1992); Hunter v. Burke, 958 S.W.2d 751, 755 (Tenn. Ct. App. 1997). … The Board’s accident report contains the Board’s determination of the probable cause of an accident, but the factual accident report contains the results of the investigation by the Board’s investigator.

Beverly Jean Cullins Pickett v. Garry Lynn Pickett

Court of Appeals of Tennessee · Nov 13, 2025

Code Ann. § 36-4-121(a) (2001)); see also Brown v. Brown, 913 S.W.2d 163, 166 (Tenn. Ct. … Carter v. Browne, No. W2018-00429- COA-R3-CV, 2019 WL 424201, at *9 (Tenn. Ct. App. Feb. 4, 2019) (quoting Smith v. Smith, 93 S.W.3d 871, 878 (Tenn. Ct.

Hill v. King

663 S.W.2d 435 · Court of Appeals of Tennessee · Oct 7, 1983

In Heget v. Christ Hosp., 26 N.J.Misc. 189, 58 A.2d 615 (1948), workers compensation benefits were allowed to a student nurse who received room, board and incidentals. In Henderson v. … In Bernstein v. Beth Israel Hosp., 236 N.Y. 268 , 140 N.E. 694 , 30 A.L.R. 598 (1923), compensation was awarded to an intern who received no money but lodging, board and uniforms as “wages”. In Judd v.

Debra Persada v. Tim Persada

Court of Appeals of Tennessee · Nov 22, 2002

Harbour v. Brown, 1989 -2- WL 22712 (Tenn. Ct. App. March 17, 1989). This Court affirmed that ruling. Id. … See REM Enterprises, Ltd. v. Frye, 937 S.W.2d 920 (Tenn. Ct. App. 1996); Moxham v. Crafton, 2001 WL 468669 (Tenn. Ct. App. May 4, 2001); Callison v. Callison, 1988 WL 100050 (Tenn. Ct. App.

Brenda Griffith, next of kin of Decedent, Bob Griffith v. Dr. Stephen Goryl and Upper Cumberland Urology Associates, P.C.

403 S.W.3d 198 · Court of Appeals of Tennessee · Oct 31, 2012

Sutphin v. Platt, 720 S.W.2d 455, 457 (Tenn. 1986) (quoting Tenn. Code Ann. § 29-26-115(a)(1)). In Shipley v. … I believe some or all are Board qualified or Board certified, and in general, the standard of care in most metropolitan areas across the United States would be relatively similar if Board Qualified or

Leigh Ann Urbanavage v. Capital Bank

Court of Appeals of Tennessee · Jun 29, 2018

In Rye v. … Stovall v. Clarke, 113 S.W.3d 715, 721 (Tenn. 2003); Godfrey v. Ruiz, 90 S.W.3d 692,695 (Tenn. 2002). 1.

Tucker v. Metropolitan Government of Nashville & Davidson County

686 S.W.2d 87 · Court of Appeals of Tennessee · Nov 7, 1984

Taylor v. … In Runnells v.

Chicago Title Insurance Company v. Closed Nashville, LLC

Court of Appeals of Tennessee · Jun 18, 2026

Crouch v. Univ. of Tenn., No. E2023-00023-COA-R3-CV, 2024 WL 2319652, at *3 (Tenn. Ct. App. May 22, 2024) (quoting Smith v. Tenn. Nat’l Guard, 551 S.W.3d 702, 709 (Tenn. 2018)). … The funds held by THDA, a state agency, are held in a sovereign capacity, unlike the bank property in Univ. of Tenn. v. People’s Bank, 6 S.W.2d at 330, or the railroad company in White v.

State of Tennessee Ex Rel. Mark B. Garrett v. City of Norris, Tennessee

Court of Appeals of Tennessee · Aug 28, 2014

Hunter v. Brown, 955 S.W.2d 49, 50-51 (Tenn. 1997); Cowden v. Sovran Bank/Cent. S., 816 S.W.2d 741, 744 (Tenn. 1991). … Earhart v.