Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.
A formal ceremony recognizing new federal judge John Fowlkes will be held tomorrow at 2 p.m. in the City Council Chambers at Memphis City Hall. Fowlkes was appointed by President Barack Obama and confirmed in July to replace U.S. District Judge Bernice Bouie Donald, who was appointed to the U.S. Court of Appeals for the Sixth Circuit. Fowlkes, a former criminal court judge, county chief administrative officer and federal prosecutor, was sworn in on Aug. 2. He began hearing cases on Aug. 6. The Commercial Appeal reported the news.
SAPINDER SINGH v. LARRY FOWLER TRUCKING, INC. Court: TN Court of Appeals
Attorneys:
Charles H. Barnett, III and Sarah E. Barnett, Jackson, Tennessee, for the appellant, Sapinder Singh.
Nicholas E. Bragorgos and Pam Warnock Blair, Memphis, Tennessee, for the appellee, Larry Fowler Trucking, Inc.
Judge: STAFFORD
This case arises from an accident involving two semi-trucks. The truck owned by Appellee trucking company rear-ended the truck driven by Appellant, causing injury to Appellant’s back. Litigation ensued and the Appellee filed a motion in limine to exclude portions of Appellant’s medical expert’s testimony concerning Appellant’s possible future need for surgery and the costs thereof. The trial court granted the motion, and Appellant appeals. Discerning no error, we affirm.
Federal Judge Kevin Sharp ruled today that opponents of the Islamic Center of Murfreesboro have a legitimate interest in a religious freedom case involving the mosque’s new building, but he put strict limits on the issues they may address in court. For example, they may address whether a local court order violated the federal Religious Land Use and Institutionalized Persons Act, but cannot address accusations that mosque members have ties to terrorists. WTVC News 9 has this AP story.
Federal Judge Sandy Mattice, in a 37-page ruling released this morning, denied a motion for a preliminary injunction that would have stopped opening prayers at Hamilton County Commission meetings. Instead, he set an Oct. 2 hearing to schedule a trial of the case on its merits. The county is facing a lawsuit over its practice of opening commission meetings with a prayer. Since the suit was filed, it has changed its practice to allow all area ministers, on a first come-first serve basis, to offer the prayer. In his ruling, Mattice said the commission bears responsibility for ensuring that its policy respects the rights of citizens and the First Amendment. Read more on Chattanoogan.com
Former Tennessee attorney general and judge Paul Summers has been asked to lead an investigation into allegations of misconduct in the 10th Judicial District. Wally Kirby, executive director of the Tennessee District Attorneys General Conference, said he asked Summers to take the lead after current District Attorney Steve Bebb requested a pro tem DA. Bebb has been the subject of a six-day series in the Chattanooga Times Free Press that alleges financial and professional misconduct in his office and the district’s drug task force, and raises questions on procedures used in the seizure of cars and cash. The Cleveland Banner reports
A two-week standoff between the Chattanooga public defender and local criminal court judge that tied up 143 cases ended Tuesday with a one-sentence motion. Ardena J. Garth, public defender for the 11th Judicial District, gave notice yesterday that she is striking all of her motions for recusal effective immediately. The move may break the impass between the two, but the Times Free Press reports that it may not settle the dispute, which has Garth on the record accusing the judge of creating a hostile work environment and questioning his impartiality. Likewise, the judge is on record accusing the public defender's office of poor management, sloppy lawyering and undermining justice. Both parties declined to comment about the recent dispute.
U.S. Departments of Justice and Education attorneys have notified the Robertson County School system that they plan to delay their scheduled visit by at least one month as they handle logistics for the visit, which is designed to assess allegations of ongoing segregation in the county. The Tennessean reports that the group now plans to be in Tennessee in late September or October.
The University of Memphis Cecil C. Humphreys School of Law has been making changes to its curriculum that it hopes will better prepare students for the changing nature of the legal profession. One such change is a new pro bono requirement that will require students entering the school this fall to complete 40 hours of supervised pro bono work before they graduate. Also starting this fall, students will have more flexibility in classes they take earlier in their education. The Memphis Daily News has more
TERESA HOLT, ET AL. v. THE DOLLYWOOD COMPANY Court: TN Court of Appeals
Attorneys:
John D. Agee and Bradley D. Williams, Clinton, Tennessee, for the appellants, Teresa Holt and Archie J. Holt.
Daniel M. Gass, Knoxville, Tennessee, for the appellee, The Dollywood Company, a joint venture between Dolly Parton Productions, Inc. and Herschend Family Entertainment Corp.
Judge: SWINEY
Teresa Holt and Archie J. Holt (“Plaintiffs”) sued The Dollywood Company, a joint venture between Dolly Parton Productions, Inc. and Herschend Family Entertainment Corp. (“Defendant”) with regard to injuries Ms. Holt received as a result of her fall on a Dollywood tram. Defendant filed a motion for summary judgment. After a hearing, the Trial Court granted Defendant summary judgment finding and holding, inter alia, that Ms. Holt’s own negligence was the primary cause of her fall and that Ms. Holt was at least 50% at fault. Plaintiffs appeal to this Court. We find and hold that a reasonable jury could find that Ms. Holt was less than 50% at fault. We, therefore, reverse the Trial Court’s judgment and remand for further proceedings.
Elizabeth “Liz” Slagle Todaro joined the TBA staff this week to begin training as the new Access to Justice and Public Education Coordinator. She will take over later this fall when Sarah Hayman, who currently fills those roles, departs to have her first child. Todaro, a graduate of the City University of New York Law School, most recently led Nashville Debate – a comprehensive debate program for high school students. She also has served in a consulting role with the YWCA as a community educator and outreach coordinator for the agency’s Domestic Violence Center, and as program director for the Family and Children’s Service Crisis Center. A native of Nashville, Todaro graduated from Hume-Fogg High School. She earned her undergraduate degree from Emory University and worked in Atlanta and Washington, D.C., prior to attending law school.
ELLIOT H. HIMMELFARB, M.D., ET AL. v. TRACY R. ALLAIN Court: TN Supreme Court
Attorneys:
Christopher Kim Thompson, Nashville, Tennessee, for the appellant, Tracy R. Allain
M. Todd Sandahl, Franklin, Tennessee, for the appellees, Elliot H. Himmelfarb, M.D., Elliot H. Himmelfarb, M.D., P.A., and Douglas C. York, M.D.
Judge: HOLDER
A patient discovered that a guide wire had been left in her vein during a prior medical procedure. She filed a medical malpractice action against the doctors who performed the procedure and the hospital where the procedure was performed. The patient voluntarily dismissed the medical malpractice suit pursuant to Tennessee Rule of Civil Procedure 41 when she was informed that another party was responsible for the presence of the guide wire. The doctors named in the original suit filed a malicious prosecution action against the patient. The patient filed a motion for summary judgment alleging that the doctors could not prove that the prior suit had been terminated in their favor. The trial court denied the motion for summary judgment, and the Court of Appeals affirmed the trial court’s denial. We hold that a voluntary nonsuit taken pursuant to Tennessee Rule of Civil Procedure 41 is not a favorable termination on the merits for purposes of a malicious prosecution claim. We reverse the Court of Appeals and remand to the trial court for entry of summary judgment in favor of the patient and for further proceedings consistent with this opinion.
The law license of James Edwin Kissel of Buffalo, N.Y., was transferred to disability inactive status on Aug. 27. Kissel may not practice law while on inactive status. He may return to the practice of law after showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law. Download the BPR notice
A good treatment of the cancellation rule and equitable ownership of personal property:
JAMES LYNCH, SR. v. CLEON PORTIS Court: TN Court of Appeals
Attorneys:
Ricky E. Wilkins and Sharon Harless Loy, Memphis, Tennessee, for the appellant, James Lynch, Sr.
C. Michael Becker, Germantown, Tennessee, for the appellee, Cleon Portis.
Judge: FARMER
The trial court awarded summary judgment to Defendant on Plaintiff’s claim for property damages arising from a motor vehicle collision, finding that Plaintiff did not own the vehicle allegedly damaged. On appeal, Plaintiff asserts the trial court erred by awarding summary judgment to Defendant where ownership of the vehicle is a genuine issue of material fact. We reverse the award of summary judgment and remand for further proceedings.
State election officials say they will help voters erase records of voting in the wrong primary, an issue that came to light after Davidson County Sheriff Daron Hall said he was given a Republican ballot even though he wanted to vote as a Democrat. Tennessee elections coordinator Mark Goins says voters cannot take back a ballot, but they can erase any record of it. By signing a form, documents will reflect an error. Davidson County’s election administrator reported that if poll workers failed to ask which primary a voter wanted, a Republican ballot was automatically selected. He said a new procedure would be put in place to require poll workers to ask each voter their preference. WPLN has the story.
Eight months after its accreditation denial and subsequent federal lawsuit, students and administrators at Lincoln Memorial University’s Duncan School of Law have returned to the Knoxville campus for the new school year. And while accreditation remains a constant concern, new students are focusing on their studies and returning students are more determined than ever to prove critics wrong, according to the News Sentinel.
Defenders of Missouri’s nationally recognized merit selection plan for choosing judges have unveiled a campaign to defeat proposed changes when voters go to the polls this fall. According to critics, the proposed state constitutional amendment would insert politics into choosing appellate judges and give too much influence to the governor. A group of former judges, state bar leaders and community representatives have formed the Missourians for Fair and Impartial Courts Committee to fight the initiative. Among the leaders are six former state Supreme Court judges. Read more from Gavel Grab
State Rep. Joe Carr, R-Lascassas, denied telling a reporter today that he agreed with U.S. Rep. Todd Akin’s theory that victims of “legitimate rape” seldom carry pregnancies to term, but he stood by his position that Akin should not be pressured to leave the Missouri Senate race. Carr confirmed to the Tennessean that he does not think Akin should be forced to drop out, but that view does not constitute proof that he agrees with Akin on the subject of rape.
Brittany Sims will join the Tennessee Bar Association next week as coordinator for the TBA Leadership Law program. A Nashville native, Sims graduated from Hampton University in Hampton, Va., then returned to Nashville to work as a VISTA volunteer with AmeriCorp. While pursuing a graduate degree at Tennessee State University, Sims worked with the TSU Center for Service Learning and Civic Engagement and then moved on to become a program coordinator there. In addition, she serves as assistant volleyball coach at Fisk University. Her degree is in public administration, with a certificate in nonprofit management. At the TBA, Sims also will join the team that gathers news for the daily TBAToday newsletter and TBA website.
The federal trial over South Carolina's voter identification law began Monday. During testimony, state Sen. George "Chip" Campsen III cited examples of fraud that he took into consideration while drafting early versions of South Carolina's law. But under questioning from Justice Department attorney Anna Baldwin, Campsen said the examples he gave did not involve the type of fraud that requiring photo identification would address. The Justice Department rejected South Carolina's law, passed last year, which requires specific photo identification be shown in order to vote. The department decided the law violates Section 5 of the federal Voting Rights Act, which protects minority voters. South Carolina's voter photo ID law was subject to approval from the Justice Department because of its history of racial discrimination. WRCB has this AP story
Only 26 percent of legal departments and 11 percent of law firms reported they were "very satisfied" with alternative fees or flat-fee system, according to a recent survey. ABAJournal.com reports
