Law student practice rule under study

The Tennessee Supreme Court has published for comment a proposal to amend Rule 7 to update the student practice rule. The proposal is contained in a petition filed by all four Tennessee law schools. Many of the changes proposed were vetted by the TBA Ethics and Professional Responsibility Committee before the petition was filed. The proposed amendments focus the program purpose on the clinical education of the students, require approval of the clinical program portion by the Board of Law Examiners, continue the temporary program permitting non-litigation clinical practice, and clarify the supervisory responsibility of lawyers in legal aid, district attorney, public defender or other government offices where students may practice. The court is accepting public comments on the proposed changes through April 10. Read more here:

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


Court: TCA


H. Rowan Leathers III, Nashville, Tennessee, for the appellant, Louis J. Federico.

William N. Ozier, Nashville, Tennessee, for the appellee, Aladdin Industries, LLC.


This appeal arises from the second civil action between these parties. In both civil actions, Mr. Federico brought suit against Aladdin Industries for breach of a written employment agreement. In the first action, Federico only sought recovery of a bonus. In this second action Federico seeks to recover the value of a so-called "phantom unit" equity plan provided for in the employment agreement. Both claims were based on the same employment agreement. Aladdin filed a motion for summary judgment contending res judicata barred this second action. The trial court granted Aladdin's motion, and we affirm.


Court: TCA


John P. Konvalinka and J. Scott McDearman, Chattanooga, Tennessee, for the Appellant Alexander A. Stratienko, M.D.

Fred H. Moore and Joseph R. White, Chattanooga, Tennessee, for the Appellees Chattanooga-Hamilton County Hospital Authority and Mel Twiest, M.D., in his official capacity as Chief of Staff of Chattanooga-Hamilton County Hospital Authority.


This Tenn. R. App. P. 9 interlocutory appeal involves the interpretation of the Tennessee Peer Review Law of 1967, Tenn. Code Ann. Sec. 63-6-219. After Alexander A. Stratienko, M.D. (Plaintiff) filed this lawsuit against the Chattanooga-Hamilton County Hospital Authority and its Chief of Staff, Plaintiff submitted a discovery request seeking credentialing information pertaining to another physician. The Peer Review Statute grants very broad confidentiality privileges to peer review committees and information provided to those committees. However, the statute exempts from that privilege "records made in the regular course of business by a hospital or other provider of health care and information, [and] documents or records otherwise available from original sources ...." The Trial Court determined that the requested documents were covered by this statute but were not covered by this exception and, therefore, were privileged, and denied Plaintiff's motion to compel. We vacate the judgment of the Trial Court and remand for further proceedings.


Court: TCCA


Emma Rae Tennent (on appeal), Nashville, Tennessee, and Jonathan F. Wing, and Jennifer T. Lichstein (at trial), Nashville, Tennessee, for the appellant, Frederick Leon Tucker.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Frederick Leon Tucker, was convicted by jury of rape of a child. As a result, he received a sentence of twenty-one years. On appeal, the defendant presents five issues for review: (1) whether the evidence was sufficient to convict him of rape of a child; (2) whether the trial court erred in admitting the expert testimony of the nurse practitioner who examined the victim; (3) whether the trial court abused its discretion in admitting the victim's statements to a psychologist; (4) whether the trial court erred in admitting the rape kit because the chain of custody was not sufficiently established; and (5) whether the trial court erred in instructing the jury on child rape. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.


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New course looks at key 2005 Tennessee Supreme Court decisions
What were the major holdings of the Tennessee Supreme Court during 2005 and what do they mean to your and your practice? Find out in Virginia Mayo's latest online course from TennBarU. The editor of M. Lee Smith's Tennessee Attorneys Memo, Mayo offers a detailed look at issues ranging from the liability of a diocese for the conduct of a former priest to the duty of convenience store employees not to sell gas to obviously intoxicated individuals.
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