PAC legislation is reaction to his election, Ramsey says

A bill that would keep multi-candidate PACs from giving to other multi-candidate PACs is an attempt by Democrats to "take that luster off" the recent Senate leadership election, Lt. Gov. Ron Ramsey said during a Friday taping of "Legislative Chat," a public affairs show produced by East Tennessee State University. The bill was filed by Senate Democratic Caucus Chairman Joe Haynes. On the show Ramsey also discussed his intention to name a Northwest Tennessean to the Judicial Selection Commission, the Kingsport Times-News reports.

http://www.timesnews.net/article.php?id=3729539

TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2007/certlist_021207.pdf


CLETUS LEE HARVEY v. STONE & WEBSTER CONSTRUCTION, INC., ET AL

Court: TWCA

Attorneys:

F. R. Evans, Chattanooga, Tennessee, for the Appellant, Stone & Webster Construction, Inc.

Michael S. Prichard, Chattanooga, Tennessee, for the Appellee, Cletus Lee Harvey.

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On this appeal, the employer, Stone & Webster Construction, Inc. (Stone & Webster), alleges the trial court erred by failing to cap the recovery of the employee, Cletus Lee Harvey, Jr., at 2.5 times the medical impairment as required by Tennessee Code Annotated section 50-6-241(a)(1) and in awarding Mr. Harvey a vocational disability of fifty percent of the body as a whole. Finding the evidence does not preponderate against the findings of the trial court, we affirm.

http://www.tba2.org/tba_files/TSC_WCP/2007/harveyc_021207.pdf


JANETTE PHELPS v. MARK IV AUTOMOTIVE

Court: TWCA

Attorneys:

Lisa A. Houston, Jackson, Tennessee, for the Appellant, Mark IV Automotive.

Scott G. Kirk, Jackson, Tennessee, for the Appellee, Janette Phelps.

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the employer asserts that the trial court erred in failing to apply the two-and-one-half times impairment cap set forth in Tennessee Code Annotated section 50-6-241(a)(1) and that the forty-two percent permanent, partial disability to the body as a whole, awarded by the trial court, was excessive. We conclude that the evidence presented does not preponderate against the findings of the trial judge and affirm the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2007/phelps_021207.pdf


HERBERT WAYNE RALSTON v. THE AEROSTRUCTURES CORPORATION and ZURICH AMERICAN INSURANCE COMPANY

Court: TWCA

Attorneys:

R. Steven Waldron, Waldron and Fann, Murfreesboro, Tennessee, for the Appellant, Herbert Wayne Ralston.

Stephen W. Elliott, Aaron S. Guinn, Howell and Fisher, Nashville, Tennessee, for the Appellees, The Aerostructures Corporation and Zurich American Insurance Company.

Judge: BIVENS

This workers' compensation appeal has been referred to the Special Workers' Compensation eals Panel of the Supreme Court in accordance with Tenn. Code Ann. Section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee contends that the trial court erred by applying the 2.5 multiplier cap to the employee's vocational disability award pursuant to Tenn. Code. Ann. Section 50-6-241(a)(1). The employer contends that it should not be required to pay post-judgment interest on the award and that the employee's appeal is frivolous. We affirm the trial court's application of the cap. We further find that the employee is entitled to statutory post- judgment interest on the award. Finally, we conclude that the appeal is not frivolous.

http://www.tba2.org/tba_files/TSC_WCP/2007/ralstonh_021207.pdf


SANDRA J. SIMPSON v. CALSONIC KANSEI NORTH AMERICA

Court: TWCA

Attorneys:

John R. White, Bobo, Hunt, and White, Shelbyville, Tennessee, for the Appellant, Calsonic Kansei North America.

Phillip George, Smyrna, Tennessee, for the Appellee, Sandra J. Simpson.

Judge: BIVENS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends that the trial court erred by (1) finding that the Plaintiff suffered a compensable work-related injury and (2) finding that the Plaintiff was entitled to an award of 23% vocational disability apportioned to her two feet. We affirm the trial court in all respects. Finally, we conclude that the appeal is not frivolous.

http://www.tba2.org/tba_files/TSC_WCP/2007/simpsons_021207.pdf


HOLLY J. YOUNG v. CUMBERLAND COUNTY MEDICAL CENTER, ET AL.

Court: TWCA

Attorneys:

David C. Nagle, Chattanooga, Tennessee, for the Appellants, Cumberland County Medical Center and Liberty Mutual.

Ronald Thurman, Cookeville, Tennessee, for the Appellee, Holly J. Young.

Judge: HARRIS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On this appeal, the sole issue presented is whether the trial court erred by failing to cap the recovery of the employee, Holly Young, at 2.5 times the medical impairment as required by Tennessee Code Annotated section 50-6-241(a)(1). In this case, Ms. Young sustained a shoulder injury to her right shoulder resulting in surgery. Following the first surgery, Ms. Young was returned to work performing light duty for her employer, Cumberland County Medical Center (CCMC). She resigned that employment due to progressively intense pain. Thereafter, Ms. Young underwent a second surgery. She was not offered employment by CCMC following her second surgery or after she had reached maximum medical improvement. The trial court determined Ms. Young's anatomical impairment to be fifteen percent to the body as a whole, held the statutory cap of benefits contained in Tennessee Code Annotated section 50-6- 241(a)(1) did not apply, and awarded benefits based upon a fifty percent disability to the body as a whole. We affirm.

http://www.tba2.org/tba_files/TSC_WCP/2007/youngh_021207.pdf


OTIS BROWN, JR., ET AL. v. WILLIAM SCHIERHOLZ, ET AL.

Court: TCA

Attorneys:

Jay R. Slobey, Nashville, Tennessee, for the appellants, Otis Brown, Jr. and Brass Lantern Farm, Inc.

J. Timothy Street, E. Covington Johnston, Jr., Franklin, Tennessee, for the appellees, William Schierholz and Lisa Schierholz.

Judge: CAIN

This appeal arises from the alleged agent's ("agent") suit to enforce an agreement entered into on behalf of the alleged principal ("principal"). The principal responded that the agent did not have the authority to enter into the agreement, and thereby refused to compensate the agent. The trial court ruled that the agent did not have the requisite authority to bind the principal, and awarded damages to the principal on his counterclaim. However, the trial court did award a commission fee to the agent. The ruling of the trial court regarding the validity of the agreement is reversed and this cause is remanded for further proceedings.

http://www.tba2.org/tba_files/TCA/2007/browno_021207.pdf


STATE OF TENNESSEE v. RONALD S. STRICK

Court: TCCA

Attorneys:

Jefre S. Goldtrap, Nashville, Tennessee, for the Appellant, Ronald S. Strick.

Robert E. Cooper, Jr., Attorney General & Reporter; Elizabeth B. Marney, Senior Counsel Criminal Justice Division; Victor S. Johnson, III, District Attorney General; and Scott McMurtry, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Ronald S. Strick, is aggrieved of his convictions of theft of property under $500, false imprisonment, and extortion in connection with a "brawl" at a nightclub where he was supervising his security company's employees. On appeal, he challenges the sufficiency of the convicting evidence, the introduction of the victim's property that was the subject of the theft conviction and an officer's testimony about that property, and the dual verdicts for theft and extortion; he also argues that prosecutorial misconduct in failing to honor an agreement never presented to the courtrequires dismissal of the charges. We affirm.

http://www.tba2.org/tba_files/TCCA/2007/strickr_021207.pdf


TODAY'S NEWS

Legal News
Legislative News
TBA Member Services

Legal News
Mayor veto: Nashville will not be 'English first'
Nashville Mayor Bill Purcell has vetoed a controversial English-first ordinance, saying it would make Nashville "less safe, less friendly and less successful." The bill, which was approved by the council on Feb. 6 on a 23-14 vote, specifies English as the official language of Metro government and requires its communications be in English, except when federal law or public safety requires otherwise.
The Nashville Business Journal has more
Councilman Eric Crafton was quick to say he'd seek a charter amendment for the English-first measure if he doesn't have the votes to override the mayor's veto.
Read it in the Tennessean
Commissioner in D.C. to file racial discrimination complaint
Shelby County Commissioner Henri Brooks went to Washington today to lodge a complaint about alleged racial discrimination at the Juvenile Court of Memphis and Shelby County.
Read more in the Commercial Appeal
Polk County considers new taxes to pay for justice center
Polk County is looking for ways to raise $1.2 million to cover next year's deficit -- to pay for justice center construction and jail operations. A wheel tax and a lodging tax are options, but lack support of the county commission.
The Times Free Press has the story
Reliford murder trial still not set, 14 years later
The complicated case of murder defendant Bruce Clark Reliford has enough legal issues to fill a law school textbook. He pleaded guilty in 1995 to a 1992 murder, but five years later an appeals court vacated the plea because the sentence he agreed to, life without parole, was not on the books at the time of the murder. Life or death were the only options under state law. Since then he has been convicted of robbery, racketeering and firearms possession. Yet the murder charges remain in the state Criminal Courts where they have bounced through four divisions since the appeals court threw out his guilty plea in 2000.
Follow the story in the Tennessean
Davidson's civil trial courts move back home
After nearly four years of temporary housing in the MetroCenter office complex, the Davidson County civil trial courts are moving back downtown. The Circuit and Probate Court clerks' offices are open for business in the newly renovated courthouse today; the Chancery Court clerk and master's office opens Tuesday.
Read more about the move
Jackson firm wins community service honor
Jackson law firm Rainey Kizer Reviere and Bell won the Cornerstone Award at the annual Pinnacle Awards last Thursday for its professional and community service. Partners William C. Bell Jr. and Marty R. Phillips were interviewed by the Jackson Sun.
Read the story here
Nunn resigns from AG office
Stephen Nunn, a lawyer with the state Attorney General's office, resigned Friday after his fourth arrest for suspicion of driving while drunk.
WSMV has the story
Legislative News
What lobbyists spend on receptions now available
You can now find out what lobbying groups are hosting receptions for lawmakers, and how much they cost. The Tennessee Ethics Commission web site tells all.
Read the story in the Nashville City Paper
Threat to Sen. Burchett was sent to frame other inmate
A letter threatening to kill state Sen. Tim Burchett, which was sent to his legislative office, has been traced to an imprisoned murderer who was trying to have another inmate blamed, a Tennessee Bureau of Investigation spokeswoman said today. "They had some kind of a dispute and he (the murderer) was doing that to get back at the other, trying to frame him, I guess, for lack of a better word," Jennifer Johnson said.
The News Sentinel reports the story
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A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
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