Learn how to avoid legal malpractice claims

Legal malpractice claims are growing more common and insurance coverage is becoming more expensive and difficult to obtain. This 3-hour seminar will discuss current legal developments in the area of legal malpractice, common (but often avoidable) mistakes by lawyers and ethical issues implicated by legal malpractice claims.

https://www.tba.org/onsiteinfo/legalmal_2005.html

  
TODAY'S OPINIONS: Friday, November 11, 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
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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

IN THE MATTER OF: A.S., Q.S., AND J.S.

Court: TCA

Attorneys:

John C. Ford, Nashville, Tennessee, for the appellant, the mother.

Paul G. Summers, Attorney General and Reporter; and Amy T. Master, Assistant Attorney General, for the appellee, State of Tennessee, Department of Children‚s Services.

Jeanah P. McClure, Guardian ad litem.

Judge: CLEMENT

This is a mother‚s appeal of the termination of her parental rights to her three children. Mother suffers from a cocaine addiction. She has had numerous opportunities for rehabilitation but failed to stay drug-free. At the time of trial, the children had been in foster care for two years during which time Mother only exercised token visitation. The juvenile court terminated Mother‚s parental rights on grounds of abandonment, persistence of conditions, and substantial non-compliance with the permanency plan. We affirm.

http://www.tba.org/tba_files/TCA/2005/inre_asqsjs111105.pdf


MESSER GRIESHEIM INDUSTRIES, INC. v. EASTMAN CHEMICAL COMPANY

Court: TCA

Attorneys:

Gregory M. Leitner, Michael K. Alston, and Timothy L. Mickel, Chattanooga, Tennessee, Mark G. Arnold, St. Louis, Missouri, Arthur G. Seymour, Jr., Knoxville, Tennessee, for the Appellant Messer Griesheim Industries, Inc., d/b/a MG Industries.

W. Randall Wilson, James T. Williams, IV, and William A. Harris, III, Chattanooga, Tennessee, for the Appellee Eastman Chemical Company.

Judge: D. MICHAEL SWINEY

Eastman Chemical Company („Eastmanš) and Cryotech of Kingsport, Inc. („Cryotechš) entered into an agreement whereby Cryotech would purchase non-food grade feedgas from Eastman which was roughly 78% carbon dioxide („CO2"). Cryotech then would purify the feedgas and sell it as food grade CO2. Messer Griesheim Industries, Inc. („Messerš) purchased the CO2 from Cryotech. Messer in turn sold the CO2 to soft drink manufacturers. The CO2 sold to Messer was contaminated with cyanide and resulted in property damage to Messer and Messer‚s customers. In the third appeal arising from this litigation, we must determine whether the Trial Court correctly granted summary judgment to Eastman on Messer‚s claims for breach of warranty, products liability, and negligence, and whether the Trial Court properly refused to allow Messer to amend its complaint to assert a claim for negligence per se. We affirm in part, vacate in part, and remand for further proceedings.

http://www.tba.org/tba_files/TCA/2005/messerg111005.pdf


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