Court Rulings

This is the second appeal of a parenting plan. In the first appeal, Father successfully challenged the adoption of a plan that allocated him only 80 days parenting time the case was remanded with instructions for the trial court to increase Father's parenting time. Following a hearing, the trial court adopted Father's proposed parenting plan which granted the parties equal parenting time, and in so doing, addressed other matters. Mother appeals. We affirm the award of equal parenting time and the adjustment to child support and income tax deductions that necessarily followed we modify the plan to include certain provisions that were in the previous parenting plan.

The trial court confirmed an award entered by an arbitrator following the arbitration of appellant's employment termination. Appellant's union, as required by a collective bargaining agreement, pursued the arbitration on appellant's behalf. Consequently, appellant lacks standing to appeal the trial court's judgment. Appeal dismissed.

This appeal arises out of a negligence lawsuit. TLD Logistics Services, Inc. ("TLD"), an interstate common carrier, sued Pilot Travel Centers, LLC ("Pilot") in the Chancery Court for Knox County ("the Trial Court"). TLD was a customer of Comdata Network, Inc. ("Comdata"), and Pilot was a Comdata vendor. Upon request from TLD, Comdata issued codes for the creation of Comcheks, negotiable draft instruments TLD used to pay workers. Pilot would print and deliver the Comcheks. TLD alleged that Pilot breached its duty of care by failing to ascertain whether Comchek payees were legitimate, thus causing TLD monetary loss when a rogue TLD employee fraudulently caused numerous Comcheks to be issued that were negotiated by Pilot. Pilot filed a motion for summary judgment. Pilot argued in its motion that TLD should have kept better internal safeguards to prevent what happened with its employee, and that TLD was 50% or more at fault in this matter. The Trial Court granted Pilot's motion for summary judgment. Great American Insurance Company ("Great American"), subrogee of TLD and substituted as plaintiff mid-proceedings below, appeals to this Court. We hold that reasonable minds could disagree as to whether TLD was 50% or more at fault. We reverse the judgment of the Trial Court, and remand for further proceedings consistent with this Opinion.

QUESTIONS: 1. Under Government Code sections 53200–53210, may a city council lawfully provide its members with health and welfare benefits through a plan into which the city pays a flat rate plus a percentage of the average of the salaries of selected managerial employees, where the extra percentage is not made available to other city officers and employees? 2. May an unintentional violation of Government Code sections 53200–53210 lead to criminal penalties? 3. If a city council provides its own members with health and welfare benefits that exceed what is allowed under Government Code sections 53200–53210, what recourse does the city have to recoup its overpayment, including interest on that overpayment? 4. May a city council approve a settlement agreement between the city and a current city council member to repay the city for the excessive health and welfare benefits received—including an agreement that waives some or all of the city's overpayment—if that member is recused from voting on the agreement? CONCLUSIONS: 1. No, under Government Code sections 53200–53210, a city may not lawfully provide its city council members with health and welfare benefits through a plan into which the city pays a flat rate plus a percentage of the average of the salaries of selected managerial employees, where the extra percentage is not made available to other city officers and employees. 2. A violation of Government Code sections 53200–53210 that is unintentional could lead to criminal penalties only if it resulted from a failure to ascertain the relevant legal obligations that was so unreasonable as to constitute criminal negligence. 3. The city may seek to recoup its overpayment of city council members' health and welfare benefits, including interest, in a civil action against those who received or approved the excessive benefits. 4. A city council may approve a settlement agreement between the city and a current city council member to repay the city for the excessive health and