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Hundreds of Tennessee lawyers came to hear Richard Rogers outline how to run a paperless office during his last TennBarU seminar. Hundreds more wished they'd been there. Now Rogers is back, joined by Nashville attorney and tech guru Bill Ramsey and others for a Feb. 16 program in Nashville. Don't miss their valuable tips and the chance to win a Samsung Blackjack or other valuable door prizes. Register or find out more:

https://www.tba.org/tennbaru/lawtech_021607.html

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.

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

ANESTHESIA MEDICAL GROUP, P.C. v. PAMELA GREER CHANDLER

Court: TCA

Attorneys:

Andrea Taylor McKellar, Nashville, Tennessee, for the appellant, Anesthesia Medical Group, P.C.

Kaz Kikkawa, William A. Blue, Jr., Nashville, Tennessee, for the appellee, Pamela Greer Chandler

Judge: COTTRELL

The plaintiff medical group loaned money to the defendant nurse for tuition at a school that trained its students to become nurse anesthetists. As part of the arrangement, the student promised to work for the group for three years after graduation. Seven months prior to graduation, the student notified the group that she would not be able to work for it upon completion of her training. She paid the loan back with interest, but the medical group filed suit to enforce a $15,000 liquidated damages clause in the loan contract. The student then filed a motion for summary judgment, which the trial court granted. The court held that the sum demanded constituted an impermissible penalty rather than a valid provision for liquidated damages and, thus, that it was unenforceable as a matter of law. We reverse the grant of summary judgment to the student and affirm the denial of summary judgment to the medical group because we find that the undisputed facts do not show that either party is entitled to judgment as a matter of law.

http://www.tba2.org/tba_files/TCA/2007/anesthesiac_020707.pdf


ROSE MARIE PURCELL FLOWERS (CLAYPOOL) v. ROBERT THOMAS FLOWERS, SR., ET AL.

Court: TCA

Attorneys:

Alan Mark Turk of Brentwood, Tennessee For Appellant, Rose Marie Purcell Flowers (Claypool)

L. Robert Grefseng of Columbia, Tennessee For Appellee, Janice Flowers

Judge: CRAWFORD

This case involves a dispute between the former wife of the decedent and the widow of the decedent over the proceeds of certain retirement accounts of the decedent. The dispute arises from a property settlement agreement incorporated in the final decree of divorce between decedent and his former wife on the one hand and a antenuptial agreement and property settlement agreement between decedent and his widow on the other hand. The trial court awarded former wife a portion of the life insurance policy and two of the decedent's retirement plans and awarded the widow part of the insurance proceeds and the proceeds of a Wal-Mart profit sharing account. Former wife has appealed, and both parties present issues for review. We reverse in part, affirm in part, modify in part and remand.

http://www.tba2.org/tba_files/TCA/2007/flowersr_corr_020707.pdf


MOSS SERVICE & SUPPLY, INC., v. TOMMY F. GRAGG, JR., ET AL.

Court: TCA

Attorneys:

Alan Mark Turk, Brentwood, Tennessee, for the appellants, Tommy F. Gragg, Jr., and Rhonda E. Gragg

Philip C. Kelly and Gwynn K. Smith, Gallatin, Tennessee, for the appellee, Moss Service & Supply, Inc.

Judge: CLEMENT

The defendants, homeowners, appeal an adverse jury verdict wherein the plaintiff, a heating, ventilation and air conditioning contractor, was awarded breach of contract damages plus discretionary costs. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2007/mosss_020707.pdf


TODAY'S NEWS

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Legal News
Judge blocks appointment of 2nd Juvenile Court judge
Chancellor Kenny Armstrong on Tuesday granted a temporary injunction barring the Shelby County Commission from appointing a second Juvenile Court judge until a hearing can determine whether such a move is constitutional.
Read about it in the Commercial Appeal
Alito reflects on first year on high court
One year after joining the nation's highest court, Supreme Court Justice Samuel Alito Jr. says he is still perplexed by the small number of cases the court rules on.
Read this Legal Times story on Law.com
Watchdog protests ABA judicial ethics rule change
Accusing an American Bar Association panel of secretly watering down judicial ethics rules, the administrator of the New York Commission on Judicial Conduct has resigned from an ABA advisory council in protest, the New York Law Journal reports.
Read more on Law.com
Governor concerned with Knox government situation
Knox County Mayor Mike Ragsdale says Gov. Phil Bredesen is "seriously concerned" with the recent appointment of 12 officials to fill county offices left open by a recent term-limits ruling. But efforts to get Knox County legislators interested in calling for a special election to fill the spots, so far, have been coolly met, the Knoxville News Sentinel reports.
Read more
Council makes English the language of Nashville
Nashville's Metro Council Tuesday night approved legislation making English the official language of the city. The council approved the ordinance on a 23-14 vote.
Read more in the Nashville City Paper
While the Metro Council voted to make English the city's official language, the Nashville Post urges Mayor Bill Purcell to veto the measure. Unless the voting margin changed, the publication says, Purcell's action would kill the bill.
Read the full opinion piece
New sheriff: 'Just give me a chance'
Less than a week after Knox County commissioners named Jimmy "J.J." Jones as sheriff, the former assistant to long-time Sheriff Tim Hutchison is asking residents to give him a chance to prove himself.
Read more in the Knoxville News Sentinel
Upcoming
UT College of Law hosts minority admissions workshop
The University of Tennessee College of Law and the Knoxville Bar Association will hold a Minority Admissions Workshop and Open House on Feb. 23. The event will run from noon to 4 p.m. (ET) at the College of Law, 1505 W. Cumberland Ave., Knoxville.
Read more
TBA Member Services
Have you activated your FedEx shipping discounts?
TBA members are entitled to discounts on FedEx shipping. Did you know that TBA members are saving an average of $83 per quarter by utilizing their FedEx Association Advantage program discounts? Here's what some members have to say about their FedEx savings:

"Our firm took advantage of the Tennessee Bar Association FedEx discounts and saved over $200 on FedEx Express shipments last quarter alone. It's the best $200 we've ever saved," says member Bill Cameron of Cameron & Young in Cookeville. Start saving on your shipments today! For more information on how to enroll, call 1-800-923-7089 or
visit the TBA Web site

 
 
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