Speculation begins on Vines' replacement

A little more than a week after U.S. Attorney Jim Vines announced he is leaving his post, names of potential successors are beginning to circulate. The Nashville City Paper reports today that Gary Brown, a partner with Baker Donelson Bearman Caldwell and Berkowitz, and Gus Puryear, general counsel for the Corrections Corporation of America, have been mentioned as possible replacements. Brown has said he is not a candidate. Whoever is nominated will face uncertain prospects as the U.S. Senate is set to adjourn soon for the fall campaign season.

http://www.nashvillecitypaper.com/index.cfm?section_id=9&screen=news&news_id=52087

TODAY'S OPINIONS
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Knoxville, Tennessee
Editor-in-Chief, TBALink

STATE OF TENNESSEE V. JASON ALLEN RUIZ

Court: TSC

Attorneys:

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Preston Shipp, Assistant Attorney General; W. Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney, for the Appellant, State of Tennessee.

John S. Colley, III, Columbia, Tennessee, for the Appellee, Jason Allen Ruiz.

Judge: CLARK

We granted this appeal to address the proper standard of review for applications to suspend the balance of a sentence previously imposed. We hold that appellate courts should reverse a trial court's grant or denial of such applications only upon finding an abuse of discretion. Finding no error by the trial court in this case, we reverse the Court of Criminal Appeals.

http://www.tba2.org/tba_files/TSC/2006/ruizj_091306.pdf


CHRISTY NEAL ELIZABETH BARRENTINE v. TIMOTHY TYRONE BARRENTINE

Court: TCA

Attorneys:

Stuart B. Breakstone, Kathy Baker Tennison, Memphis, TN, for Appellant.

Linda L. Holmes, Memphis, TN, for Appellee.

Judge: HIGHERS

This appeal stems from a divorce. In this appeal, the husband asserts that the circuit court erred when it (1) awarded his wife transitional alimony in the amount of $4,000 per month for the first four years and $1,000 per month for the next five years, (2) assigned 100% of the parties' marital debts to him, and (3) allocated $650 for his wife's work related child care expenses when calculating the parties' child support obligations. Husband argues that the amount of transitional alimony was excessive as he did not have the ability to pay that amount and that the amount exceeded his wife's needs. He also argues that the circuit court should have equitably distributed the parties' marital debts and that the circuit court should not have allocated work related child care expenses in excess of his wife's monthly gross income. Additionally, the wife has requested that this Court award her attorney's fees on appeal. We affirm as modified the decisions of the circuit court. We decline to award the wife her attorney's fees on appeal.

http://www.tba2.org/tba_files/TCA/2006/barrentinec_091306.pdf


MARJE LARGIN, ET AL. v. WILLIAMSON COUNTY ANIMAL CONTROL SHELTER/CENTER, ET AL.

Court: TCA

Attorneys:

Dan R. Alexander, Nashville, Tennessee, for the appellants, Marje Largin and Jennifer Siliski.

Lisa M. Carson, Franklin, Tennessee, for the appellees, Williamson County Animal Control Shelter/Center and Williamson County, Tennessee.

Judge: CLEMENT

The plaintiffs filed this conversion and negligent bailment action against Williamson County and the County's Animal Control Shelter, alleging the defendants failed and/or refused to return animals and accessory equipment owned by the plaintiffs. The County filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss, contending the complaint did not allege the tort was committed by an employee of the County acting within the scope of employment as required by the Governmental Tort Liability Act. The trial court granted the motion to dismiss and denied the plaintiffs' last minute motion to amend the complaint, finding the proposed amended complaint would not cure the deficiencies. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2006/larginm_091306.pdf


METROPOLITAN NASHVILLE EDUCATION ASSOCIATION, ET AL. v. METROPOLITAN BOARD OF PUBLIC EDUCATION
With Part Concurring and Part Dissenting Opinion


Court: TCA

Attorneys:

Richard L. Colbert, Nashville, Tennessee, for the appellants, Metropolitan Nashville Education Association and James Fuller.

Karl Dean, Director of Law, Department of Law of the Metropolitan Government of Nashville and Davidson County , and Jennifer L. Bozeman, Metropolitan Attorney, Nashville, Tennessee, for theappellee, The Metropolitan Board of Public Education.

Judge: FARMER

The trial court awarded summary judgment to Defendant Board of Education, vacating a portion of an arbitration award that required reinstatement of Plaintiff to his high school coaching assignment. We reverse.

http://www.tba2.org/tba_files/TCA/2006/nasheducation_091306.pdf

KIRBY concurring in part and dissenting in part
http://www.tba2.org/tba_files/TCA/2006/nasheducation_diss091306.pdf


TODAY'S NEWS

Legal News
BPR Actions
Online CLE

Legal News
Lipscomb University announces conflict management seminar
Former Hezbollah hostage and Anglican Church hostage negotiator Terry Waite will be the keynote speaker at the First Annual Regional Forum on Conflict Management being hosted by Lipscomb University's Institute for Conflict Management on Sept. 19. Lipscomb President Dr. Randy Lowry and others will also speak on the state of conflict management in American business, religion and education.
Find out more
Constitution Day activities planned
In forums around the state, the celebration of Constitution Day on Monday, Sept. 18, will be marked by a number of events. In Nashville, Vanderbilt University will host a forum on "Legislating from the Bench: The Judicial Role in Our Constitutional Democracy" from 3:30-5 p.m. in Room 126 of Wilson Hall. In Knoxville, the UT College of Law will offer a program titled "It's Your Judiciary. How Do You Want It?" from 12:20-1:10 p.m. in Room 135. Among other elements of the program, the event will feature a student-led debate on whether judges in Tennessee should be elected or appointed.

Media attorney objects to closed terror hearing
A lawyer for several news organizations, including The Associated Press and CNN, objected to government and defense lawyers holding a closed pretrial hearing Thursday in a terrorism case. The hearing is focused on procedures for disclosing classified information in the case, which involves two men accused of filming U.S. landmarks and sharing the information with an alleged terrorist in Great Britain.
The Chattanooga Times Free Press has more
BPR Actions
Nashville lawyer suspended
Linda Diane Schlanger Harris of Nashville was summarily suspended on Sept. 6 after pleading guilty to conspiracy to defraud mortgage loan companies and financial institutions. In addition to suspending Harris, the state Supreme Court also ordered that the matter be referred to the Board of Professional Responsibility for formal disciplinary proceedings.
Download the BPR's release
Online CLE
Build your internet research skills with online course
Everyone uses the Internet, but are you taking full advantages of the research capabilities that are available? Carole Levitt, a nationally recognized author and founder of Internet for Lawyers, has developed a special course for Tennessee lawyers that is now available from TennBarU. This one-hour interactive course teaches you how to efficiently search the Tennessee Code, perform historical legislative research, search municipal codes and more.
Register or find out more now

 
 
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