Hidden metadata fair game, ABA ethics opinion says

Lawyers who receive electronic documents are free to look for and use information hidden in metadata -- information embedded in electronically produced documents -- even if the documents were provided by an opposing lawyer, according to a new ethics opinion from the American Bar Association. Read more about this opinion, which is contrary to the view of some legal ethics authorities, at the ABA web site:

http://www.abanet.org/abanet/media/release/news_release.cfm?releaseid=48

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.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - 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

ANNA SUE CORRELL, INDIVIDUALLY AND AS ADMINISTRATOR AD LITEM FOR THE ESTATE OF EDWARD H. CORRELL v. E.I. DUPONT DE NEMOURS & CO.

Court: TSC

Attorneys:

Jimmy F. Rodgers, Jr., and Arnold A. Stulce, Jr., Chattanooga, Tennessee, for the Appellant, Anna Sue Correll, Individually and as Administrator Ad Litem for the Estate of Edward H. Correll

John R. Lewis, Nashville, Tennessee, for the Appellee, E.I. DuPont de Nemours and Co.

Judge: ANDERSON

We accepted this appeal prior to its review by the Special Workers' Compensation Appeals Panel primarily to determine whether an employer's subrogation right under Tennessee Code Annotated section 50-6-112© extends to the recovery an employee’s surviving spouse obtains in a products liability action filed by the employee in Georgia prior to his death. We uphold the trial court’s determination that the employer's statutory subrogation extends to the surviving spouse's products liability recovery. In addition, we affirm the trial court's disposition of the plaintiff's claim concerning a Medicare lien for medical expenses, the trial court's holding that an offset for Social Security old-age benefits applies to the award of workers' compensation death benefits, and the trial court's resolution of the surviving spouse’s claim for attorneys' fees. We remand this case to the trial court to determine the amount of the recovery the employee's surviving spouse obtained in the Georgia products liability action and to allocate a reasonable portion of the recovery to the surviving spouse's claim for loss of consortium, to which the employer’s subrogation right does not extend. Finally, upon remand the parties may submit for the trial court's consideration proof concerning the amount of the deceased employee's medical expenses for which the employer is responsible.

http://www.tba2.org/tba_files/TSC/2006/corrella_110906.pdf


SHERIDAN MUSIC GROUP, INC. v. BONNIE LYNN BRAMLETT, ET AL

Court: TCA

Attorneys:

Daniel H. Puryear, Nashville, Tennessee, for the appellant, Sheridan Music Group, Inc.

Norman Gillis, Nashville, Tennessee, for the appellee, Bonnie Lynn Bramlett

Judge: CLEMENT

Sheridan Music Group, a company formed to collect and administer royalties for songwriters, appeals the trial court’s ruling that Letters of Authorization and Instruction signed by a songwriter were terminable at will. The Letters of Authorization specified no time frame and stated the directives therein were “irrevocable unless specifically changed in writing” by SMG. Pursuant to the Letters of Authorization, the songwriter directed any and all companies owing royalties to the songwriter, including BMI and Embassy Music, to pay to SMG royalties the songwriter was entitled to receive. When the defendant songwriter contacted the companies paying the royalties that she was rescinding the Letters of Authorization, SMG filed this action to inter alia enjoin the songwriter from interfering with its contractual right to receive the royalties unless and until SMG revoked the Letters. The trial court found the songwriter had the right to terminate her relationship with SMG, in which event SMG was under a duty to notify the companies owing royalties to the songwriter that the Letters of Authorization were revoked and to pay the royalties directly to the songwriter. We affirm.

http://www.tba2.org/tba_files/TCA/2006/sheridanmusic_110906.pdf


GARY WALLACE v. TENNESSEE DEPARTMENT OF CORRECTIONS, ET AL.

Court: TCA

Judge: SWINEY

Gary Wallace ("Plaintiff") is an inmate at the Whiteville Correctional Facility. Plaintiff was sent a package through the U.S. mail which contained illegal drugs. Although the package was intercepted before being delivered to Plaintiff, Plaintiff was disciplined for conspiring to bring illegal drugs into a penal facility. Plaintiff appealed the disciplinary action through the appropriate channels within the Department of Corrections. The disciplinary action taken against Plaintiff was affirmed throughout this process. Plaintiff then filed a petition for common law writ of certiorari claiming the actions of the Department of Corrections and its representatives were illegal, fraudulent, and arbitrary. The Trial Court entered an order giving Plaintiff twenty days in which to make a partial payment toward the filing fee, in accordance with Tenn. Code Ann. § 41-21-807. When Plaintiff failed to make the partial payment as ordered, the Trial Court dismissed the petition in its entirety. Plaintiff appeals, and we affirm.

http://www.tba2.org/tba_files/TCA/2006/wallaceg_110906.pdf


STATE OF TENNESSEE v. WILLIAM ARTHUR SHELTON AKA JOHN SHELTON

Court: TCCA

Attorneys:

Richard Hughes, Cleveland, Tennessee, for the appellant, William Arthur Shelton

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Jerry N. Estes, District Attorney General; and William A. Reedy and Shari Young, Assistant District Attorneys General, for the appellee, State of Tennessee

Judge: OGLE

The appellant, William Arthur Shelton aka John Shelton, was convicted by a jury in the Bradley County Criminal Court of three counts of false imprisonment, two counts of vandalism, and one count of premeditated first degree murder. He received a total effective sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court's denial of a motion for severance of the murder counts from the remaining counts, the trial court's exclusion of a witness's complete statement to police, and the sufficiency of the evidence. From our review of the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/sheltonw_110906.pdf


TODAY'S NEWS

Legal News
Election 2006
Upcoming
TBA Member Services

Legal News
Suit over hospital buyout settled
Nashville-based Hospital Corporation of America says it will settle a shareholder lawsuit that company officials had said threatened its planned $21.3 billion buyout deal, the Associated Press reports.
Read more in the News Sentinel
HIgh court grills lawyers in abortion case
Supreme Court justices yesterday sharply questioned attorneys on both sides of the legal battle over what opponents call partial-birth abortions as the high court weighed whether to uphold Congress's ban on the procedure. In an intense morning of arguments, lawyers for the Bush administration and supporters of abortion rights gave starkly contrasting views: A law passed by Congress labels it a gruesome and inhumane practice. Supporters argue that such abortions in the second trimester of pregnancy sometimes are the safest for women.
WSMV.com has more
Anderson joins Tennessee Justice Center board
Retired Tennessee Supreme Court Justice E. Riley Anderson has joined the board of directors of the Tennessee Justice Center, a non-profit public interest law and advocacy firm serving the poor. He retired from the court Aug. 31.
Read more on the TJC web site
Change your address with the BPR online
You can now change your address and update other information with the Board of Professional Responsibility online. The BPR recently sent emails to lawyers advising them of this new feature. If you did not get one it means the board doesn't have an email address for you, and you need to contact the BPR to let them know what it is.
Contact the BPR
400 students to watch Supreme Court in Memphis
Students from 19 public and private Shelby County high schools will hear arguments in three state Supreme Court cases Nov. 14 as participants in a program that educates young Tennesseans about the judicial branch of government.
Find out more about the Supreme Court's SCALES program
Hamiliton County spending less for DA's, PD's
Hamilton County spending on district attorney and public defender’s offices is far less than other Tennessee metro counties, the Chattanooga Times Free Press reports.
Read the full story
Sells continues to recover
Former Judge Lillie Ann Sells, who suffered a stroke last weekend, was still in Vanderbilt Hospital yesterday, but is getting better,
the Herald-Citizen reports
Election 2006
Mixed verdict on property rights
California and several other states that considered changes to private property rights delivered a mixed verdict Tuesday. While voters in 9 of 12 states approved measures to limit government use of eminent domain, California and two others rejected more ambitious proposals to compensate landowners when rules and regulations reduce property values.
Read more in the News Sentinel
Senate power shifts may affect judicial appointments
The shift in power brought about by Tuesday’s election will put Democrat Sen. Patrick Leahy of Vermont in charge of the Senate Judiciary Committee. The major difference the new chair will bring will likely be in the politically contentious issue of federal judges.
Read the Legal Times story at Law.com
Upcoming
U of M law school hosts workshop
The University of Memphis' Cecil C. Humphreys School of Law will host an open house and admissions workshop Nov. 13. Prospective students will learn about the law school admissions process, financing a legal education, the Tennessee Institute for Pre-Law and careers in law. There also will be a student panel discussion and tours of the law school. Reservations are necessary and should be made by Friday. For more information, call (901) 678-5403.

TBA Member Services
First Tennessee is TBA's preferred provider
First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. Find savings on merchant credit services, checking and savings, financial planning and more
here

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2006 Tennessee Bar Association