Opinion Flash

January 30, 2004
Volume 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):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


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

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