TBA public service program earns national award

The TBA's public education program "Freedom's Foundation: The American Legal System" has been chosen as winner of the 2006 Lexis Nexis Community and Educational Outreach Award from the National Association of Bar Executives. An initiative of TBA President Bill Haltom, the program has reached thousands of people across Tennessee. TBA Programs Director Lynn Pointer coordinated efforts of the Public Education Committee -- chaired by Sevierville attorney Cindy Wyrick -- in distributing videos, presentations and speaking materials. TBA Executive Director Allan Ramsaur and Assistant Executive Director Barry Kolar were also part of the team leading the project. Read more about the program at


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


Corrected. The correction is adding atty Edward J. Fuhr as counsel.

Court: TCA


James J. Hayes, Annandale, Virginia, appellant, appearing pro se.

John T. Winemiller and John A. Lucas, Knoxville, Tennessee, and Edward J. Fuhr, Richmond, Virginia, for the appellees Clayton Homes, Inc., and James L. Clayton, Kevin T. Clayton, C. Warren Neel, B. Joe Clayton, Steven G. Davis, Dan W. Evins, Wilma H. Jordan, and Thomas N. McAdams.


In this appeal, Mr. Hayes, a shareholder of Clayton Homes, Inc., argues that the trial court erred in approving the settlement of a shareholder class action complaint filed by Denver Area Meat Cutters and Employers Pension Plan, et al., also a shareholder of Clayton Homes, Inc., against members of Clayton’s board of directors on behalf of Clayton’s shareholders. The complaint charged the directors with breach of fiduciary duties in connection with the acquisition of Clayton by Berkshire Hathaway, Inc. and in connection with an associated merger of Clayton and a Berkshire subsidiary. Mr. Hayes contends that the trial court erred in approving the settlement because the trial court did not consider the potential recovery of damages had the case proceeded to trial, because the settlement resulted in a great disparity between the per share recovery of Clayton shareholders and the award of attorney’s fees to Denver’s counsel, and because the complaint filed by Denver did not include proxy fraud claims or assert Delaware’s entire fairness doctrine. We affirm the judgment of the trial court and remand.




Court: TCCA


David W. Tipton, Bristol, Tennessee, for the appellant, Michael James Grubb.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Greeley Wells, District Attorney General; and William B. Harper, Assistant District Attorney General, for the appellee, State of Tennessee.


This is a direct appeal as of right from a conviction on a jury verdict for aggravated robbery. The Defendant was sentenced as a Range I, standard offender to twelve years in the Department of Correction. On appeal, the Defendant raises four issues: (1) the trial court erred in overruling his motion to suppress evidence obtained during a search of his car, (2) the trial court erred in allowing into evidence the preliminary hearing testimony of a police officer who was deceased at the time of trial, (3) the evidence was insufficient to find him guilty of aggravated robbery, and (4) his sentence is excessive. We affirm the judgment of the trial court.



Court: TCCA


J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Robert Edward Joffe.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Ta Kisha M. Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.


The appellant, Robert Edward Joffe, was indicted for assault, resisting arrest and two counts of disorderly conduct. After a jury trial, the appellant was convicted of assault, resisting arrest and one count of disorderly conduct. The trial court sentenced the appellant to eleven months and twenty-nine days for assault, six months for resisting arrest and thirty days for disorderly conduct. The trial court ordered the sentences to run concurrently and ordered that the appellant serve ninety days of the sentence in jail with the remainder of the sentence to be served on probation. The appellant appeals, arguing that the evidence was insufficient to justify the convictions and that the trial court erred in sentencing the appellant. Because the evidence was sufficient for a rational trier of fact to determine that the appellant committed the crimes as charged and because the trial court did not err in sentencing the appellant, we affirm the judgment of the trial court.



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