TBAToday Newsletter 09-11-2012 | Tennessee Bar Association

Jurors in Hamilton County returned a $3.5 million verdict for a motorcycle driver who sustained a severe head injury in a rear end collision that attorneys said was caused by a driver who was texting, the Chattanoogan.com website reports.

Recording companies are entitled to the $222,000 in damages that they were awarded in a 2007 file-sharing case, but an 8th U.S. Circuit Court of Appeals decision issued today in St. Louis did not decide on whether a federal district court in Minnesota erred by ordering a new trial after that first verdict. Read more in the ABA Journal.

Federal prosecutors want the maximum penalty for award-winning horse trainer Jackie McConnell, who pleaded guilty in May to conspiring to violate the Horse Protection Act. In a sentencing memorandum filed last week, prosecutor Steve Neff recommends McConnell receive the maximum sentence of 5 years probation, in addition to a fine up to $250,000 and a ban from “owning, exhibiting, selling, transporting, working with or training horses, or even assisting the training of horses.” Sentencing in the case has been rescheduled to Sept. 18, the Chattanooga Times Free Press reports.

Memphis City Schools leaders are expected to announce on Wednesday the opening of a new charter school for children in Memphis-Shelby County Juvenile Court custody. Court officials hope the school setting will provide consistency for children in court custody and beyond their custody. The new charter school will also provide counseling services for behavior, discipline and mental health issues, the Memphis Daily News reports.

A Rutherford County juvenile detention center's release policies are under review after a man allegedly signed for the release of his stepdaughter under false pretenses, the Daily News Journal reports. The man has been charged with criminal impersonation and one count of contributing to the delinquency of a minor. According to Nashville attorney David Raybin, the center has a legal obligation to ensure only appropriate parental or legal guardians sign a child out of the facility in case the child is harmed upon release.

The office of the Public Defender will likely represent minors who cannot afford legal counsel in Memphis-Shelby County Juvenile Court proceedings, Shelby County Mayor Mark Luttrell told the Memphis Daily News last week, but that funding issues are still being worked out. Appearing on Behind the Headlines, Luttrell said he believes it is a necessary and beneficial change and that staffing and funding issues can be overcome.

Upcoming

Chief Justice Gary Wade will administer the oath of office to Judge Don Ash on Friday at 4 p.m. at the Historic Rutherford County Courthouse. The Rutherford/Cannon County Bar Association will host a reception immediately following at the Maple Street Grill.

Passages

A memorial service for Judge Robert L. Childers' daughter, Lisa Kay Childers Dickerson, will be held Thursday at the Memphis Botanic Garden, 750 Cherry Road. Visitation will begin at 10 a.m., with the service to follow at 11 a.m. A reception with the family will follow the service. In lieu of flowers, any memorials should be sent to the St. Jude Children's Research Hospital or the Leukemia and Lymphoma Society.

Questions, comments: Email us at TBAToday@tnbar.org

About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.