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

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

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

TODAY'S NEWS

Legal News
Legislative News
TBA Member Services

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
Knoxville News Sentinel
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
Knoxville News Sentinel
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.

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.
The Memphis Business Journal has the story
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
Knoxville News Sentinel
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.
Read the full report
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.
Learn more

 
 
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