TBA YLD Presents: Who's Your Client (And Other Ethical Dilemmas)
March 29 - Memphis
March 30 - Nashville
March 21 - Knoxville

This fast-paced, three-hour ethics CLE includes presentations on
conflicts of interest and other issues relating to the representation
of elderly clients and conflicts of interest and other issues relating
to the representation of both large corporations and small businesses,
including family-owned and other closely-held corporations and their
principals.
It will also include a one-hour segment dealing with ethics in
mediation, covering topics relating to both the mediator and the
parties in mediation. Finally, it will include a short segment on the
proposed changes to the disciplinary reporting requirements and the
fee dispute rules.

Today's Opinions: February 4, 2005
Volume 11 — Number 023
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.
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
02 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi.

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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


LUDMILLA LAMBRIGHT, ET AL. v. NATIONAL UNION FIRE INSURANCE COMPANY OF
PITTSBURGH, PENNSYLVANIA

Court:TCA

Attorneys:                          

Peter M. Olson, Clarksville, Tennessee, for the appellees, Ludmilla
Lambright and Antonio Lambright.

C. Benton Patton, Nashville, Tennessee, for the appellee, United
Services Automobile Association.

Frank Thomas, Nashville, Tennessee, for the appellee Michael George
Eberly.

John Thomas Feeney, III, Nashville, Tennessee, for the appellee,
Progressive Insurance Company.

Judge: CAIN

First Paragraph:

All parties sought declaratory judgment as to whether or not driver
Michael George Eberly was an omnibus insured under the permissive user
provisions of his employer's policy of insurance at the time of the
accident in issue.  The Chancellor in non-jury trial found that Eberly
had only engaged in a "minor deviation" from employer restrictions on
his permissive use of the vehicle, and required National Union Fire
Insurance Company to protect Eberly as an omnibus insured under the
policy.  We reverse the action of the trial court.

http://www.tba.org/tba_files/TCA/lambrightludm.wpd

TAMMY DIANE HARGROVE MANGRUM v. REYNALDO COLLAZO-TORRES

Court:TCA

Attorneys:                          

Dan R. Alexander, Nashville, Tennessee, for the appellant, Reynaldo
Collazo.

Robert Todd Jackson, Nashville, Tennessee, for the appellee, Tammy
Diane Hargrove Mangrum.

Judge: KOCH

First Paragraph:

This appeal involves a protracted dispute over the payment of child
support.  Following a job-related injury, the father requested the
Circuit Court for Davidson County to reduce his child support
obligation, but then unilaterally reduced his child support payments. 
After the trial court dismissed the father's petition for failure to
prosecute, the mother filed a petition seeking a judgment for the
child support arrearage.  The husband responded by renewing his
request to reduce his child support obligation.  Following a hearing,
the trial court awarded the mother a $13,472 judgment against the
father without considering his request for a reduction in his child
support payments.  We have determined that the order dismissing the
father's petition for failure to prosecute was not properly entered. 
Therefore, the trial court erred by awarding the mother a judgment for
the child support arrearage without considering the father's petition
to reduce his child support.

http://www.tba.org/tba_files/TCA/mangrumtdh.wpd

Persons licensed as manufacturers, importers or dealers in weapons

Date: February 2, 2005

Opinion Number: 05-014

http://www.tba.org/tba_files/AG/2005/op14.pdf

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi

TBALink HomeContact UsPageFinderWhat's NewHelp

© Copyright 2005 Tennessee Bar Association