TWO PROGRAMS FOCUS ON NEW LLC ACT Need to know about the new Tennessee LLC Act? TennBarU has two upcoming programs to help you. On Oct. 25 you can join in a one-hour teleseminar that will feature two of the TBA committee members who helped draft the act. Register or find out more at https://www.tba.org/onsiteinfo/teleseminars/10_25_05.html In December, you will have another opportunity to learn more about this important new act. A three-hour seminar on the LLC Act will be in Chattanooga and Memphis on Dec. 14 and in Nashville on Dec. 15. https://www.tba.org/onsiteinfo/llc_2005.html    TODAY'S OPINIONS: Friday, October 21, 2005 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 - TN Supreme Court 01 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 01 - TN Court of Appeals 01 - TN Court of Criminal Appeals 01 - TN Attorney General Opinions 00 - Judicial Ethics Opinions 00 - Formal Ethics Opinions - BPR 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 BEN D. BRADEN v. BOEING-OAK RIDGE COMPANY Court: TWCA Attorneys: Matthew J. Evans and John W. Elder, Knoxville, Tennessee, for Appellant, Ben D. Braden. Timothy W. Conner, Knoxville, Tennessee, for Appellee, Boeing-Oak Ridge Company. Judge: THAYER This workersâ compensation appeal has been referred to the Special Workersâ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. ¤ 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. After a bifurcated hearing on the issue of causation, the trial court found plaintiffâs cirrhosis of liver condition was not caused by his exposure to methyl ethyl ketone (MEK) and methyl ethyl toluene (MET) and dismissed the complaint. Plaintiffâs appeal challenges the ruling upon the ground the trial court failed to properly weigh the expert testimony and also upon the ground the trial court applied an incorrect standard of law to the case. We find the evidence preponderates in favor of the conclusion of the trial court and affirm the judgment in all respects. http://www.tba.org/tba_files/TSC_WCP/2005/bradenb102105.pdf PETER KEENAN and wife, JAN KEENAN, v. THE CITY OF KINGSTON, TENNESSEE and JIM PINKERTON (in his capacity as CITY MANAGER of CITY OF KINGSTON) Court: TCA Attorneys: Robin S. Kuykendall, Knoxville, Tennessee, for appellants. Jon G. Roach, Knoxville, Tennessee, for appellee, Jim Pinkerton. Jack H. McPherson, Jr., Kingston, Tennessee, for appellee, the City of Kingston. Judge: FRANKS Petitionersâ Writ of Certiorari was dismissed as being moot because petitioners had moved outside defendantsâ jurisdiction. On appeal, we affirm and remand with instructions. http://www.tba.org/tba_files/TCA/2005/keenanp102105.pdf STATE OF TENNESSEE v. SARAH MARTIN Court: TCCA Attorneys: Kelly S. Johnson, Knoxville, Tennessee, for the appellant, Sarah Martin. Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General;Randall E. Nichols, District Attorney General; Kevin Allen, Assistant District Attorneys General, for the appellant, State of Tennessee. Judge: SMITH The defendant was convicted following a jury trial in Knox County for arson and aggravatedburglary, as charged. The trial court sentenced the defendant six (6) months confinement and five (5) years and (6) months on probation to be followed by a second six (6) year sentence to beserved entirely on probation. The defendant argues three (3) issues on appeal: (1) the evidence was insufficient to support her convictions; (2) the trial court erred in allowing testimony at trialcontrary to the defendantâs motion in limine which was granted by the trial court; and (3) the defendantâs sentence was imposed contrary to Blakely v. Washington, 542 U.S. ----, 124 S.Ct.2531 (2004) and Apprendi v. New Jersey, 530 U.S. 466 (2000). After a careful review of the record, we affirm the defendantâs convictions and remand for resentencing. http://www.tba.org/tba_files/TCCA/2005/martins102105.pdf Security Officer for General Sessions Court Serving as Grand Jury Foreperson in the Same County TN Attorney General Opinions Date: 2005-10-20 Opinion Number: 05-162 http://www.tba.org/tba_files/AG/2005/op162.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 instructions 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! 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