Understanding the New Limited Liability Company Act
June 29 - Tennessee Bar Center, Nashville (rescheduled from May 18)

An all new Limited Liability Company Act is moving its way through the
Tennessee General Assembly. The new act will make sweeping changes to
Tennessee's current LLC laws.  Attend an in-depth seminar conducted by
the TBA committee that drafted the new act to learn how it will affect
LLC practice here in Tennessee.

Today's Opinions: May 20, 2005
Volume 11 — Number 096
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.
01 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
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

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


OVERNITE TRANSPORTATION CO. v. TEAMSTERS LOCAL UNION NO. 480, ET AL.
ORDER VACATING OPINION/JUDGEMENT

Court:TSC

Judge: PER CURIAM

First Paragraph:

It appearing to the Court that the opinion released May 16, 2005, in
this cause contained an error which cannot be easily and immediately
corrected; IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the
opinion and judgment filed May 16, 2005, in this cause be and the same
is hereby vacated without substitution of a corrected opinion and
judgment therefor and without the taxing of costs.

ORDER
http://www.tba.org/tba_files/TSC/2005/overnite_ord52005.pdf

J & M, INC., v. CLARENCE D. CUPPLES and CRETE CARRIER CORP.

Court:TCA

Attorneys:                          

Archie R. Carpenter, Knoxville, Tennessee, for appellants.

Andrew R. Tillman, and Thomas M. Gautreaux, Knoxville, Tennessee, for
appellee.

Judge: FRANKS

First Paragraph:

Plaintiff sued for damages incurred to correct condition of roadway
caused by defendants' motor vehicle which destroyed a section of
guardrail. Defendants appeal from Judgment awarding damages to
plaintiff on grounds damages were not proved. On appeal, we affirm.

http://www.tba.org/tba_files/TCA/2005/jmi52005.pdf

CITY OF JOHNSON CITY v. DORIAN JONES

Court:TCA

Attorneys:                          

Mike Whalen, Knoxville, Tennessee, for the appellant, Dorian Jones.

James H. Epps, IV, Johnson City, Tennessee, for the appellee, City of
Johnson City.

Judge: SUSANO

First Paragraph:

Dorian Jones ("the defendant") was cited to the Municipal Court of
Johnson City for a violation of the Animal Control Ordinance ("the
Ordinance") of the City of Johnson City ("the City"). The City
contends that the defendant failed to have his dog "under control."
Following a finding of guilt and the imposition of a $50 fine and
costs, the defendant appealed to the trial court. Following a bench
trial, the trial court entered its judgment, in which it held that the
defendant violated the Ordinance. The trial court dismissed the
defendant's appeal and decreed that "the fine of Fifty Dollars
($50.00) . . . be reinstated and is hereby upheld and affirmed." The
defendant appeals to us, contending that he was entitled to a jury
trial. He also argues, in legal effect, that the evidence
preponderates against the trial court's judgment. We affirm.

http://www.tba.org/tba_files/TCA/2005/jonesd52005.pdf

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