Tennessee lawyers prominent at ABA meeting

As always seems to be the case when the American Bar Association meets, Tennessee lawyers played a prominent role in the activities of the world's largest association this week in Chicago. The meeting, set for New Orleans until it was devastated by Hurricane Katrina, concluded yesterday with business sessions in the House of Delegates. Among the Tennessee lawyers playing a featured role were Judge Bernice Donald, whose candidacy for the coveted position of secretary of the ABA got a big boost when she dazzled the nominating committee; Al Harvey, who as vice chair of the ABA Standing Committee on National Security led the presentation by the subcommittee he chaired on the adequacy of the legal authorities to address the Katrina disaster; and David Johnson, who enlightened, entertained and enthused the ABA/YLD and Fellows of the ABA/YLD at the annual Fellows Debate.
TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

WANDA BARRON v. STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES

Court: TSC

Attorneys:

Erich M. Shultz, Memphis, Tennessee, for appellant-plaintiff, Wanda Barron.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Sarah H. Cope, Assistant Attorney General, for the appellee-defendant, State of Tennessee.

Judge: HOLDER

The plaintiff sought workers' compensation benefits for pain in her lower back and hip resulting from a work-related accident. We conclude that the Commissioner erred in finding the evidence insufficient to establish that the plaintiff's injury was permanent and in dismissing the plaintiff's claim. Accordingly, we reverse the judgment of the Claims Commission and remand the case to determine the extent of vocational impairment and the reasonableness and necessity of medical expenses paid by the plaintiff.

http://www.tba2.org/tba_files/TSC/2006/barronw021406.pdf


JERRY L. COWAN v. TENNESSEE BOARD OF PAROLES, ET AL.

Court: TCA

Attorneys:

Jerry Cowan, Henning, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Bradley W. Flippin, Assistant Attorney General, for the appellee, Tennessee Board of Paroles, et al.

Judge: COTTRELL

This appeal involves a prisoner's challenge to a decision of the Tennessee Board of Probation and Parole. After the Board denied the prisoner parole and scheduled his next hearing for the year 2016, the prisoner filed a petition for a writ of certiorari in the Chancery Court for Davidson County. The Chancery Court dismissed the petition on the grounds it was not timely filed and was not verified. We affirm the dismissal of the petition.

http://www.tba2.org/tba_files/TCA/2006/cowanj021406.pdf


MARIE SOLEDAD TORRICO (MORALES) v. DAVID RANDAL SMITHSON

Court: TCA

Attorneys:

Melanie R. Bean, Lebanon, Tennessee, for the Appellant David Randal Smithson.

Kirk L. Clements, Goodlettsville, Tennessee, for the Appellee Marie Soledad Torrico (Morales).

Judge: SWINEY

David Randal Smithson (Father), a Tennessee resident, is a pilot for a major airline and his job duties require him to fly to Bolivia, South America. During one of these trips to Bolivia, Father became romantically involved with Marie Soledad Torrico (Morales) (Mother), a citizen and resident of Bolivia. In April of 2001, Mother gave birth in Bolivia to the parties' son, who is a citizen and resident of Bolivia and has been since his birth. After obtaining a temporary Visa authorizing her to come to the United States, Mother filed this paternity action in the Wilson County Juvenile Court. Based on DNA test results, the Juvenile Court enter an Order establishing Father as the biological father of the child. The Juvenile Court later entered an order requiring Father to pay child support based on the Tennessee Child Support Guidelines. Father appeals claiming, among other things, that the Juvenile Court lacked subject matter jurisdiction to enter an order requiring him to pay child support when the child was conceived in Bolivia, born in Bolivia, and when both Mother and the child are citizens and residents of Bolivia. We hold that the Juvenile Court had subject matter jurisdiction over the proceedings but erred in applying Tennessee law. The judgment of the Juvenile Court is, therefore, vacated and this case is remanded for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/moralesm021406.pdf


BILLY SUDDARTH, JR, ET AL. v. HOUSEHOLD COMMERCIAL FINANCIAL SERVICES, INC., ET AL.

Court: TCA

Attorneys:

G. Kline Preston, Nashville, Tennessee, for the appellants, Billy Suddarth, Jr., and Angela Suddarth.

Neal H. Levin, Chicago, Illinois, and D. Alexander Fardon, Nashville, Tennessee, for the appellee, Household Commercial Financial Services, Inc.

Judge: CLEMENT

Billy Suddarth, Jr. and Angela Suddarth appeal the summary dismissal of their action, which was dismissed on the grounds of res judicata, collateral estoppel, the Full Faith and Credit Clause, and the compulsory counterclaim rule of the Federal Rules of Civil Procedure. In the former action in the United States District Court for the Northern District of Illinois wherein the Suddarths were defendants, Household Commercial Financial Services, Inc. alleged the Suddarths breached a guaranty agreement by failing to pay a deficiency owing on the underlying credit agreement they had guaranteed. Household prevailed on the merits in the former action against the Suddarths. In the present action in the Circuit Court of Davidson County the Suddarths allege fraud, fraudulent inducement and civil conspiracy against Household and two other defendants concerning the guaranty agreement that was the subject of the former action in the United State District Court. The present claims by the Suddarths arose out of the same transaction or occurrence that was the subject of Household's action in the United State District Court; therefore, it was compulsory that the Suddarths' claims be presented in the former action. The Suddarths failed to do so. Therefore, we affirm the dismissal of this action.

http://www.tba2.org/tba_files/TCA/2006/suddarthb021406.pdf


Authority of City Utility System to Repair Privately Owned Lines

TN Attorney General Opinions

Date: 2006-02-14

Opinion Number: 06-030

http://www.tba2.org/tba_files/AG/2006/ag_06-30.pdf

TODAY'S NEWS

Legal News
Legislative News
Passages

Legal News
Mattice sworn in as federal judge
Harry S. "Sandy" Mattice took office on Friday as the newest judge on the U.S. District Court for the Eastern District of Tennessee. Formerly an attorney with the Chattanooga firms of Miller & Martin and Baker, Donaldson, Bearman & Caldwell, Mattice most recently served as the U.S. attorney for the eastern district. Read about his swearing in ceremony in the
Chattanooga Times Free Press
Juvenile judges condemn DCS
Tennessee's juvenile court judges have called for the Department of Children's Services to stop treating and rehabilitating young offenders, supporting instead the creation of a separate cabinet-level department for juvenile justice services. Read about the resolution in a story by
the Tennessean
ABA adopts legislative resolutions
At its winter meeting in Chicago, the ABA House of Delegates adopted several policy and legislative resolutions, including a resolution urging the Bush Administration to comply with the Foreign Intelligence Surveillance Act by seeking court orders for domestic wiretaps in terrorism investigations or propose amendments to the act if needed to protect national security; policy statements addressing a host of immigration issues; and a series of recommendations to guide consideration of asbestos litigation reform.
Read the ABA's release on domestic surveillance
Read the ABA's release on immigration and asbestos
Ann Coria seeks DA position
Ann Denman Coria, an attorney with the public defender's office in Anderson County, is seeking the office of district attorney general in the Aug. 3 election.
Read about her candidacy in the Oak Ridger
Ben Hooper to run again for circuit judge
Circuit Judge Ben W. Hooper II has announced his candidacy for the Republican nomination for circuit judge (part I) for the 4th Judicial District. He currently is the presiding judge of the district, which covers Cocke, Grainger, Jefferson and Sevier counties.

Parrish files for circuit court
Former federal prosecutor Larry Parrish declared Monday that he will challenge Judge D'Army Bailey for the 30th Judicial District circuit court seat (Division VIII), and will make judicial reform the theme of his candidacy. Bailey is seeking a fourth eight-year term. Learn more about Parrish's intentions in the
Commercial Appeal
File to run for TBA office by tomorrow
The deadline for TBA members seeking a spot on the Board of Governors or other office is Feb. 15. The TBA's Election Handbook has full details of openings and requirements.
Read the handbook
Legislative News
Bredesen to sign ethics legislation tomorrow
Governor Phil Bredesen will sign new ethics legislation into law at the Capitol's Old Supreme Court chambers at 2 p.m. tomorrow.

State legislators take up multiple investigations
After ending a month of work on revising ethics laws, state legislators this week will be in an investigative mode with committees looking into allegations of financial shenanigans and political cronyism at the Tennessee State School Boards Association and the Tennessee Highway Patrol.
Read more in the Knoxville News Sentinel
Passages
Decatur lawyer Britt McKenzie dies
William Britton McKenzie died yesterday. He was 36 and a graduate of the University of Tennessee College of Law. Funeral arrangements were incomplete at press time.


 
 
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