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Tuesday, February 22, 2011

WHERE DO I FILE MY THRA COMPLAINT?

In law school, I discovered that Tennessee actually has two court systems, the Chancery Court and the Circuit Court. Why, I wondered. What's the difference?

Well now I know -- it is so that lawyers may waste money and time arguing over which court has jurisdiction. And then appeal to the court of appeals so that they can waste more time. And, it really doesn't matter, since if one doesn't have jurisdiction, we simply transfer the case to the other. And in some counties, it does not really matter since the chancellor and the circuit court judges share cases any way. But, I digress.

The Tennessee Human Rights Act states that Chancery Court and Circuit Court have concurrent jurisdiction. So, if you bring a THRA complaint you can file in Chancery Court. WRONG!

According to the Court of Appeals, if the lawsuit is solely for unliquidated damages, you still must bring the case in Circuit Court. But that makes no sense, you might say. Well, it makes as much sense as have two separate offices essentially serving the same function.

Now, have I told you how I feel about having two courts of appeals?

See Keri Williams v. The City of Milan, Tennessee, et al.

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