Opinion FlashJanuary 30, 2004Volume 10 — Number 020 Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion. This Issue (IN THIS ORDER):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel RONALD HART, ET AL. v. JOSEPH DECOSIMO AND COMPANY, LLP, ET AL. Court:TCA Attorneys: Michael E. Richardson, Chattanooga, Tennessee, for the appellants, Ronald Hart, Frank Brown, R&F Leasing Company, LP, and ICM Partners, LP. David L. Hartsell, Chicago, Illinois, and Charles J. Fleischmann, Chattanooga, Tennessee, for the appellees, Joseph Decosimo and Company, LLP, Hendry & Decosimo, LLP, and William Acuff. Judge: SUSANO First Paragraph: Ronald Hart, Frank Brown, R&F Leasing Company, LP ("R&F Leasing"), and ICM Partners, LP ("ICM") (collectively "the plaintiffs") sued Joseph Decosimo and Company, LLP, Hendry & Decosimo, LLP, William Acuff (collectively "the accounting defendants"), and other defendants, alleging accounting negligence and gross negligence on the part of the accounting defendants. The trial court granted the accounting defendants summary judgment, holding that the plaintiffs' claims against them were "abrogated" by a settlement in an adversary proceeding filed in the United States Bankruptcy Court in Chattanooga. The plaintiffs appeal, arguing that their claims are separate and distinct from the claims asserted in the bankruptcy proceeding and, thus, are not barred by the settlement in that case. We vacate and remand for further proceedings. http://www.tba.org/tba_files/TCA/hartr.wpd LABORATORY CORPORATION OF AMERICA V. LACY AND ASSOCIATES, D/B/A OCCUPATIONAL MEDICINE WORKS Court:TCA Attorneys: G. Kline Preston, IV, Nashville, Tennessee, for the appellant, Lacy & Associates, Inc., d/b/a Occupational Medicine Works. David O. Huff, Nashville, Tennessee, for the appellee, Laboratory Corporation of America. Judge: CLEMENT First Paragraph: This dispute arose out of a breach of contract claim in which Plaintiff asserted Defendant owed upwards of $20,000.00 for goods and services provided from March 1996 through August 1997. Defendant raised affirmative defenses and filed a counterclaim for fraud, alleging that Plaintiff intentionally submitted false billings. Plaintiff moved for summary judgment. The Chancery Court granted Plaintiff's motion for summary judgment on the complaint and dismissed Defendant's counterclaim for fraud. Defendant appealed. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/laboratorycorp.wpd WELLMONT HEALTH SYSTEM v. TENNESSEE HEALTH FACILITIES COMMISSION, ET AL. Court:TCA Attorneys: Gary C. Shockley and Brigid M. Carpenter, Nashville, Tennessee, for the appellant, Wellmont Health System. G. Brian Jackson, David L. Johnson, and Gayle Malone, Jr., Nashville, Tennessee, for the appellee, Mountain States Health Alliance. Reid A. Brogden and Sue Ann Sheldon, Nashville, Tennessee, for the appellee, Tennessee Health Facilities Commission. Judge: CLEMENT First Paragraph: Administrative Law Judge vacated Certificate of Need, which had been granted by Tennessee Health Facilities Commission, on grounds of conflict of interest of a Commission member and erroneous information set forth in application for Certificate of Need. Chancery Court affirmed. We affirm, holding that the vote of a Commission member with a conflict of interest is void ab initio. Commission member with conflict of interest had an affirmative duty pursuant to Rules of Tennessee Health Facilities Commission 0720-1-.02(1) to not only disclose the conflict but to recuse himself. Adverse party's failure to raise the conflict was not a waiver for there can be no waiver of the public's interest in having all votes of the Commission take place without members who have a conflict. http://www.tba.org/tba_files/TCA/wellmonthealth.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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