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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
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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 http://www.tba.org/getpassword.mgi.
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00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
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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,
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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
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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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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
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| TODAY'S NEWS |
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Legal News
BPR Actions
Online CLE
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| 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
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| 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. |
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| 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.
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The Chattanooga Times Free Press has more
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| 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.
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Download the BPR's release
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| 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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