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Register online now for 125th Annual TBA Convention
Join your colleagues from the Tennessee legal community at the state's largest and longest-running gathering - the annual Tennessee Bar Association convention. This year's event will be in Memphis, June 14-17 at the Peabody Hotel. The event will again be held in conjunction with gatherings of the Tennessee Judicial Conference, the Tennessee Trial Lawyers Association and the Tennessee Lawyers' Association for Women. Register or find out more now.
http://www.tba.org/convention2006/index.html
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TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.
00 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
05 - TN Court of Appeals
00 - TN Court of Criminal Appeals
02 - 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
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STACEY BOLD v. SONOCO PRODUCTS COMPANY, ET AL.
Court: TWCA
Attorneys:
Stephen F. Libby, Memphis, Tennessee, for the Appellant, Stacey Bold.
Richard H. Allen, Jr. and Kevin W. Washburn, Memphis, Tennessee, for the Appellees, Sonoco
Products Company and GAB Robins of North America, Inc.
Judge: CORLEW
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals
Panel of the Tennessee Supreme Court in accordance with the provisions of Tennessee Code
Annotated Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact
and conclusions of law. The Employee has appealed the findings of the trial court, which determined
that the Employee's claim was not compensable because she failed to establish a causal connection
between her cervical injury and her employment. We conclude that the evidence is sufficient to
establish causation. Therefore, we reverse the judgment of the trial court and remand the case for
further proceedings consistent with this opinion.
http://www.tba2.org/tba_files/TSC_WCP/2006/bolds050206.pdf
CHATTANOOGA AREA REGIONAL TRANSPORTATION AUTHORITY (CARTA) v. LOCAL 1212 AMALGAMATED TRANSIT UNION
Court: TCA
Attorneys:
George M. Derryberry, Chattanooga, Tennessee, for appellant.
Jimmy F. Rodgers, Jr., Chattanooga, Tennessee, for appellee.
Judge: FRANKS
Plaintiff discharged employee for cause. Arbitrator reinstated employee and plaintiff brought this
action to reverse the arbitrator's decision. The Trial Court upheld the arbitrator's award, and we
affirm.
http://www.tba2.org/tba_files/TCA/2006/carta050206.pdf
GARY FRANK CASTELLI v. JOY T. CASTELLI
Court: TCA
Attorneys:
Barry L. Gold, Chattanooga, Tennessee, for appellant.
Sandra J. Bott, Chattanooga, Tennessee, for appellee.
Judge: FRANKS
The Trial Court granted the parties a divorce, identified, valued and divided the marital property.
The husband appeals the division of marital property as being inequitable. We affirm, as modified.
http://www.tba2.org/tba_files/TCA/2006/castellig050206.pdf
CARL B. STEWART v. CITY OF TELLICO PLAINS, TENNESSEE
Court: TCA
Attorneys:
Benjamin Lauderback and Craig T. Smith, Knoxville, Tennessee, for appellant.
Robert W. White, Maryville, Tennessee, for appellee.
Judge: FRANKS
An action pursuant to the Governmental Tort Liability Act resulted in an award of damages for
personal injuries resulting from a collision between the plaintiff's motorcycle and defendant's police
cruiser. On appeal, we affirm.
http://www.tba2.org/tba_files/TCA/2006/stewartc050206.pdf
WILLIAM H. STITTS v. CLIFFORD K. McGOWN, JR.
Court: TCA
Attorneys:
William H. Stitts, Nashville, Tennessee, Pro Se Appellant.
Clifford K. McGown, Jr., Waverly, Tennessee, for Appellee, Clifford K. McGown, Jr.
Judge: LEE
The issue presented in this case is whether the trial court erred in dismissing with prejudice, on
its own motion, a lawsuit alleging legal malpractice in which a summons was issued but never
served on the defendant, and not reissued within one year. After careful review, we hold that the
trial court did not err in dismissing the complaint. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCA/2006/stittsw050206.pdf
WILLIAM H. STITTS v. CLIFFORD K. McGOWN, JR.
Court: TCA
Attorneys:
William H. Stitts, Nashville, Tennessee, Pro Se Appellant.
Clifford K. McGown, Jr., Waverly, Tennessee, for Appellee, Clifford K. McGown, Jr.
Judge: LEE
The issue presented in this case is whether the trial court erred in dismissing with prejudice, on
its own motion, a lawsuit alleging legal malpractice in which a summons was issued but never
served on the defendant, and not reissued within one year. After careful review, we hold that the
trial court did not err in dismissing the complaint. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCA/2006/stittsw050206.pdf
Mediation and the Practice of Law
TN Attorney General Opinions
Date: 2006-05-02
Opinion Number: 06-079
http://www.tba2.org/tba_files/AG/2006/ag_06-079.pdf
Constitutionality of Campaign Event by State Legislator
TN Attorney General Opinions
Date: 2006-05-02
Opinion Number: 06-078
http://www.tba2.org/tba_files/AG/2006/ag_06-78.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
TBA Member Services
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| Legal News |
| Official gets three years for Waltz role |
| A federal judge today sentenced the first government official convicted in the FBI's Tennessee Waltz bribery sting to three years in prison. Former Hamilton County Commissioner William Cotton was ordered to report to jail by June 5, reports the
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Knoxville News Sentinel
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| Quandary puts case on hold |
| William Walker Minto is awaiting sentencing for the interstate trafficking of marijuana, including a drop of 2,100 pounds of the illegal substance in Johnson City. He already has two felony drug convictions, which means he should be looking at mandatory life in prison. But a provision designed to give certain offenders a break may bail him out. Two federal laws appear to be in conflict and the difference in sentencing could be as disparate as life versus eight years. Minto also has a heart and lung disease that left untreated will kill him. Read how U.S. District Judge Ronnie Greer is dealing with this unusual case in the
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Knoxville News Sentinel
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| Chattanooga pro bono night |
| The Chattanooga Bar Association's Pro Bono Committee and Young Lawyers Division will present Pro Bono Night 2006 at Bessie Smith Hall on Thursday, May 25. Tennessee Supreme Court Chief Justice William "Mickey" Barker and Judge Samuel Payne will honor local attorneys Jay Clements, Buz Dooley, Rob Norred Jr. and Brian Smith for their pro bono contributions to the citizens of Hamilton Country and announce the recipient of the annual Pro Bono Firm of the Year Award. Ticket sales will benefit the Pro Bono Program of Legal Aid of East Tennessee. For more information or to purchase tickets, call 756-4013.
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| Solid economy reduces applications at law school |
| James Smoot, dean of the University of Memphis School of Law, reports that applications for fall admission to the school are down 6.6 percent from last year and believes that is due to a strong and growing economy that can provide jobs for recent college graduates. He notes that graduate and professional programs see a spike in applications when the economy cannot offer enough opportunities for young people entering the workforce.
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The Memphis Business Journal has the story
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| Legislative News |
| House votes to increase judges' pay |
| The state House unanimously approved legislation last night to increase the base salary of circuit court, chancery court and criminal court judges by 14 percent, upping their annual salary to $140,000. Under the bill, appeals court judges will receive $145,000. Supreme Court justices will receive $150,000 and the chief justice will receive $155,000. State judges have not had an increase in their base salary since 1990. The Senate should act later this week and approval is expected, reports the
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Knoxville News Sentinel
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| AP wrap up of House action |
| In other legislative news, the House voted Monday to make it a misdemeanor to impersonate a minor's parent to circumvent parental consent laws; and to make it a felony to smuggle telecommunications devices such as cell phones, radios and modems into prison according to Associated Press reports in the Murfreesboro Daily News Journal.
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Read the full report
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| TBA Member Services |
| Student loans at low rates through SunTrust |
| The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375%. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5% for on-time payments and automatic debit payments.
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Learn more
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