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


Court: TCA


John T. Rice, Chattanooga, Tennessee for the Appellants, O&P Associates, Inc. and James Rogers.

Michael A. Anderson, Chattanooga, Tennessee for the Appellee, Locke Davis.


Locke Davis ("Plaintiff") sued O&P Associates, Inc. and James Rogers, individually ("Defendants" or "O&P" and "Mr. Rogers" as appropriate) claiming, in part, that Defendants were in default under a note held by Plaintiff. Defendants answered and filed a counterclaim asserting, in part, that Plaintiff was in breach of contractual obligations contained in a settlement agreement and that Plaintiff had tortiously interfered with Defendants' business and engaged in a civil conspiracy. Plaintiff filed a motion for summary judgment. The Trial Court, inter alia, granted Plaintiff summary judgment, found Defendants in default on the note, dismissed Defendants' tortious interference and civil conspiracy claims, and granted Plaintiff a judgment. Defendants appeal to this Court. We affirm.


Court: TCA


Darrell J. O'Neal, Memphis, Tennessee, for the appellant, Charles Jackson.

Martin W. Zummach, Assistant Shelby County Attorney, for the appellee, Shelby County Government Civil Service Merit Review Board.


Petitioner/Appellant appeals the trial court's denial of his appeal under a writ of certiorari arising from the decision of the Shelby County Civil Service Merit Board to terminate his employment with the Criminal Court Clerk's Office. We affirm.


Court: TCA


David L. Steed, Nashville, Tennessee; Edith M. Kallas, New York, New York, for the appellant, Tennessee Medical Association.

Gary C. Shockley, John S. Hicks, Mary Ann Miranda, Nashville, Tennessee, for the appellees BlueCross BlueShield of Tennessee, Inc., and Tennessee Health Care Network, Inc.

Judge: CAIN

Tennessee Medical Association filed this action against BlueCross BlueShield of Tennessee limiting its alleged case specifically to violations of the Tennessee Consumer Protection Act. The trial court held that Tennessee Medical Association was bound by the compulsory arbitration provisions in the contracts between the member providers of the Association and BlueCross BlueShield of Tennessee. The trial court granted a Motion to Dismiss the Complaint on the basis that Tennessee Medical Association was not "affected" by the Tennessee Consumer Protection Act since it had no contract with BlueCross BlueShield and further that the Association alleged no "trade, commerce or consumer transaction" within the meaning of Tennessee Code Annotated sections 47-18-103(11), -104(a), -109(a)(1). We affirm the action of the trial court.


Court: TCA


Selma Cash Paty, Chattanooga, Tennessee, for the appellant Donna Melinda White.

Grace Elaine Daniel, Chattanooga, Tennessee, for the appellee William Edmund White.

Judge: LEE

In this divorce case, Wife appeals the trial court's division of Husband's 401(k) retirement plan, the equal division of the marital estate, and assessment of court reporter and appraiser's fees. Husband appeals the amount and duration of the award of rehabilitative alimony to Wife. After thorough review of the record and applicable authorities, we affirm the judgment of the trial court.


Legislative News
Legal News
Supreme Court Watch
BPR Actions
TBA Member Services

Legislative News
Comptroller, treasurer win new terms
Tennessee Comptroller John Morgan and Treasurer Dale Sims won election today to new two-year terms in a legislative vote based largely on Democrat support.
The Chattanooga Times Free Press has the vote tally
Senator seeks trial delay
Tennessee state Senator Jerry Cooper, D-Morrison, wants to delay his federal bank fraud, mail fraud and conspiracy trial until after the legislative session.
Read more in the Chattanooga Times Free Press
Legal News
13 gang members indicted on corruption, homicide charges
Thirteen members of the MS-13 street gang have been indicted by a federal grand jury on corruption and racketeering charges, federal and Metro Nashville officials announced today. Members of the international gang were charged with corruption and homicide under the RICO act, which was created to fight organized crime and is the most severe possible indictment, U.S. Attorney Craig Morford said this afternoon.
Read more in the Tennessean
Tape shows Williams taking cash
A federal jury yesterday watched a secretly recorded videotape showing former Shelby County aide Calvin Williams accepting $1,500 in cash from an informant. Authorities say the money was a bribe. Williams says he believed the funds were a legitimate business dividend.
The Commercial Appeal has the story
Annexation stumps state AG
Attorney General Robert Cooper is unsure whether his office has authority to investigate Knoxville's controversial annexation of a retail development. The Knox County Commission has asked the AG to look into the matter and his office has been inundated with calls from residents who are concerned about the way the transaction was handled.
Read more in the News Sentinel
U.S. Supreme Court to hear Tenn. athletics case
The nation's highest court has agreed to hear the long-running lawsuit over alleged recruiting violations between Brentwood Academy and the Tennessee Secondary Schools Athletic Association, the organization that oversees high school athletics in the state.
Read more in the Tennessean
Bush drops 4 judicial nominations
In a concession to the Senate's new Democrat majority, President Bush will not re-nominate four controversial judicial candidates whose nominations were blocked last year. The nominees were: Judge Terrence Boyle and William Haynes to the 4th Circuit Court of Appeals; William G. Myers III to the 9th Circuit Court of Appeals; and Michael Wallace to the 5th Circuit Court of Appeals.
WMC-TV reports on the story
$1.8 million involved in brokers alleged scheme
Smithville insurance broker B. Don James, who served clients in White County, has been indicted by the U.S. Department of Justice on 15 counts of wire fraud. More than 70 individuals have lost funds in James' investment operation.
Learn more about the indictment in the Sparta Expositor
Supreme Court eases patent challenges
The U.S. Supreme Court yesterday made it easier to challenge patents in a case involving a childhood respiratory drug. The Kingsport Times News has this report from
the Associated Press
Blount settles teen lawsuit
A 17-year-old girl who claimed she was coerced into disrobing and putting on revealing lingerie in the office of a Blount County judicial commissioner will receive $45,000, according to a settlement filed today.
The News Sentinel has the story
Supreme Court Watch
Court denies motion to stay
The state Supreme Court yesterday denied a motion by Houston Gordon to stay the trial court's judgment in the pending judicial appointment case, citing the Judicial Selection Commission's decision to postpone its next meeting until the court rules on the appeal. The court wrote that a stay is not necessary at this time and denied it without prejudice to the filing of a new motion in the future.
Read the court's order
BPR Actions
Knoxville attorney censured
The Board of Professional Responsibility on Jan. 5 issued a public censure to John Sholly for failing to respond to court orders directing him to file a brief and appear before the court.
Read the BPR press release
TBA Member Services
Free online legal research is newest TBA benefit
Online legal research is now available free to all Tennessee Bar Association members through an agreement with Fastcase, a leading online legal research firm. The new TBA member benefit is national in scope and offers TBA members unlimited usage, unlimited customer service and unlimited printing -- all at no cost.
Log in now to try it out

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