TBALink Opinion-Flash

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue IN THIS ORDER:

03-New Opinons From TSC

00-New Opinons From TSC-Rules

00-New Opinons From TSC-Workers Comp Panel

01-New Opinons From TCA

00-New Opinons From TCCA

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George Dean
TBALink Chief Editor

ELSIE M. BALLARD, COL. LEWIS P. BOONE, JR., USAF (Ret.),
OTIS N. FUSSELL, & EDGAR JOHNSON, individually and on behalf
of all others similarly situated, residents of Psalms, Inc.,
a Tennessee non-profit corporation,
v.
RUDOLF HERZKE, CHARLES S. TRAMMEL, JR., RETIREMENT
COMMUNITIES OF AMERICA - TENNESSEE, INC., PSALMS, INC., and
RETIREMENT COMMUNITIES OF AMERICA, INC.,

Court:TSC

For Plaintiffs:             For Defendant, Palms, Inc.:
C. Barry Ward               W. J. Michael Cody
Paul R. Lawler              John W. Chandler, Jr.
Glankler Brown              Douglas F. Halijan
Memphis, Tennessee          Burch, Porter & Johnson
                            Memphis, Tennessee

For Intervenors,            For Defendant, Rudolf Herzke:
The Tennessean and          Hal Gerber
Society of Professional     Lewie R. Polk, III
Journalists:                Gerber Law Offices
William R. Willis           Memphis, Tennessee
Alfred H. Knight                    
Alan D. Johnson
Willis & Knight 
Nashville, Tennessee        For Defendant, Charles Trammell,
                            Jr. and Retirement Communities 
                            of America  Tennessee, Inc.:
                            J. Alan Hanover
                            James R. Newsom, III
                            Hanover, Walsh, Jalenak & Blair
                            Memphis, Tennessee
                         
First Paragraph:

In this appeal we are asked to determine whether the
Chancery Court abused its discretion by modifying a
protective order to allow access to discovery materials
previously protected by the order and by allowing media
intervention.  The Court of Appeals reversed the Chancery
Court, finding an abuse of discretion and reinstated the
protective order which denied access to the discovery
materials.

Judge: ANDERSON, C. J.

URL:http://www.tba.org/tba_files/TSC/BALLARDE.OPN.WP6


STATE OF TENNESSEE,  v. BENJAMIN HUDDLESTON, 
w/ CONCURRING OPINION

Court:TSC

For Appellant:              For Appellee:
    
Tom Crider                  Charles W. Burson
District Public Defender    Attorney General & Reporter
28 Judicial District
Trenton, Tennessee          Michael E. Moore
                            Solicitor General

                            Gordon W. Smith
                            Associate Solicitor General
                            Nashville, Tennessee

                            Clayburn Peeples
                            District Attorney General
                            Trenton, Tennessee
                        
First Paragraph:

This case presents two issues for our determination: 1)
whether the defendant's constitutional right to counsel was
violated by police questioning that occurred three days
after the defendant refused to sign a "waiver of rights"
form; and (2) whether the violation of defendant's rights
under either Tenn. R. Crim. P. 5(a) or the Fourth Amendment
requires suppression of his confession given after he had
been detained for more than seventy-two hours, before the
State sought a judicial determination of probable cause
following a warrantless arrest.

Judge: ANDERSON,  J.

URL:http://www.tba.org/tba_files/TSC/HUDDLEST.OPN.WP6
URL:http://www.tba.org/tba_files/TSC/HUDDLEST.CON.WP6


MARSH FURNITURE COMPANY,     
v.
PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY,

Court:TCA

For Plaintiff/Appellee:     For Defendant/Appellant:

Monique A. Nassar           Carl Wyatt and James F. Horner     
Memphis, Tennessee          Memphis, Tennessee
                     
First Paragraph:

This case involves an insurer's duty to defend its insured
under a general commercial liability insurance policy.  The
trial court granted summary judgment in favor of the
insured, holding that the exclusion in the policy did not
relieve the insurer of the duty to defend.  We affirm.
Plaintiff/Appellee, Marsh Furniture Company, Inc. (Marsh
Furniture), is a manufacturer of kitchen cabinets, with its
principal place of business located in High Point, North
Carolina.    Marsh Kitchens of Memphis (Marsh Kitchens) is a
regional distributor of Marsh Furnitures products. 
Defendant/Appellant, Pennsylvania Manufacturers Association
Insurance Company (PMA), is the insurer for Marsh Furniture
under a general commercial liability policy.

Judge: ALAN E. HIGHERS, J.

URL:http://www.tba.org/tba_files/TCA/MARSHFUR.OPN.WP6

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