Courts & Legal

Airgas v. Lowe - Workers' Compensation Appeal

The West Virginia Intermediate Court of Appeals affirmed a Workers' Compensation Board of Review order that reversed a claim administrator's denial of benefits for Joshua Lowe. Airgas Mid America, the employer, appealed the decision. The court found no substantial question of law or prejudicial error.

Cynthia Griffith v. Alpha Natural Resources, Inc. - Fatal Dependent Benefits

The Intermediate Court of Appeals of West Virginia affirmed a prior order rejecting a claim for fatal dependent benefits filed by Cynthia Griffith, dependent spouse of deceased worker James Griffith. The court found no substantial question of law or prejudicial error in the Workers' Compensation Board of Review's decision.

City of Wheeling v. Cody Melsop - Workers' Compensation Appeal

The Intermediate Court of Appeals of West Virginia affirmed a decision reversing the denial of a firefighter's claim for a right knee medial meniscal tear and temporary total disability benefits. The court found no substantial question of law or prejudicial error in the Workers' Compensation Board of Review's order.

Capps v. OneCare Dental Solutions LLC - Fiduciary Duty Breach

The Tennessee Court of Appeals affirmed a trial court's judgment against Deborah McGilton for breaching her fiduciary duty as a member of OneCare Dental Solutions LLC. McGilton unilaterally sold company assets for $70,000 while securing personal employment, despite previous valuations suggesting a much higher worth. The court found the trial court properly adopted the Special Master's findings.

Great-Grandmother's Parental Rights Termination Appeal Affirmed

The Tennessee Court of Appeals affirmed a trial court's decision denying a great-grandmother's petition to terminate a mother's parental rights. The appellate court found that while grounds for termination existed, it was not in the child's best interest.

Court of Appeals Dismisses Recusal Motion Appeal

The Tennessee Court of Appeals dismissed an appeal concerning a motion to recuse a trial judge in the case of Isaiah M. The court found that issues related to the recusal denial could be raised in the appeal of the final judgment, rendering the immediate appeal unnecessary.

Emerson v. Emerson - Appeal Dismissed for Untimely Filing

The Tennessee Court of Appeals dismissed an interlocutory appeal in the case of Emerson v. Emerson due to the appellant's untimely filing. The appeal sought to challenge a trial court's order denying a motion for recusal. The court found it lacked subject-matter jurisdiction because the appeal was filed after the deadline stipulated by Tennessee Supreme Court Rule 10B.

Urquia v. Neal - Dissenting Opinion on UM Statute Application

A dissenting opinion in the Urquia v. Neal case argues against the trial court's interpretation of Tennessee's uninsured motorist (UM) statute. The dissent contends that the statute's plain language, specifically section (d), should have been applied based on the process server's notation of 'NOT TO BE FOUND AFTER DILIGENT SEARCH AND INQUIRY,' rather than requiring further action or reissuance of summons.

State v. Albert Dejuan White - Concurring Opinion on Miranda Rights

A concurring opinion in State v. Albert Dejuan White argues that law enforcement violated the defendant's Miranda rights during questioning. The opinion contends that specific actions by officers constituted interrogation without proper warnings, potentially impacting the admissibility of statements.

Jerome Barrett appeal denied, post-conviction petition reopened

The Tennessee Court of Criminal Appeals denied Jerome Barrett's application for permission to appeal the denial of his post-conviction petition. The court found that while Barrett cited a new Supreme Court ruling on the Confrontation Clause, his claims were previously determined or not factually supported.