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 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 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 Childrenâs Services. Jeanah P. McClure, Guardian ad litem. Judge: CLEMENT This is a motherâs 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 Motherâs 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 (ãEastmanä) and Cryotech of Kingsport, Inc. (ãCryotechä) entered into an agreement whereby Cryotech would purchase non-food grade feedgas from Eastman which was roughly 78% carbon dioxide (ãCO2"). Cryotech then would purify the feedgas and sell it as food grade CO2. Messer Griesheim Industries, Inc. (ãMesserä) 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 Messerâs customers. In the third appeal arising from this litigation, we must determine whether the Trial Court correctly granted summary judgment to Eastman on Messerâs 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   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. 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