Judiciary Committee postpones medical malpractice debate

On a day that began with reports of a compromise on medical malpractice legislation, the Senate sponsor of SB2001, Mark Norris, R-Collierville, was granted leave to defer consideration of the bill for another week. Early this morning, the Nashville Post.com reported that compromise legislation was in the works. Sources involved in the negotiations confirmed that an agreement had been reached on pre-certification of case merit, exoneration or expungement of records when cases are non-suited, changes to pre-litigation interviews to address the holding of the Givens case, liberalization of the locality rule, and continuation of reporting by malpractice carriers. Reports also indicated that caps on non-economic damages, limits on attorney's fees and mandatory periodic payments were off the table.

The TBA opposes arbitrary caps on damages and limits on attorney's fees, and supports efforts to address issues raised by the holding in Givens.
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
02 - TN Court of Appeals
05 - TN Court of Criminal Appeals
01 - 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

JENNIFER DUNN, Individually and as the natural mother and next of kin to JEREMIAS DUNN, deceased v. AMELIA DAVIS

Court: TCA

Attorneys:

Nicholas E. Bragorgos and Pamela Warnock Green, for the appellant, Amelia Davis

John Daniel Richardson, Teresa A. Boyd, and Julian T. Bolton, for the appellee, Jennifer Dunn

Judge: FARMER

This appeal arises from a wrongful death action tried by a jury. The jury allocated 51% fault to Defendant and assessed total damages in the amount of $1,250,000. The trial court denied Defendant's motions for new trial, remittitur, and judgment in accordance with motion for directed verdict; entered judgment against Defendant in the amount of $637,500; and awarded Plaintiff discretionary costs. Defendant appeals. We affirm in part, reverse in part, and remand with suggestion of remittitur.

http://www.tba2.org/tba_files/TCA/2007/dunnj_030607.pdf


LINDA RIGGAN WOOD, ET AL. v. TERRY RIGGAN LOWERY, ET AL.
With Concurring Opinion


Court: TCA

Attorneys:

Henry L. Klein of Memphis, Tennessee for Appellant, Terry Riggan Lowery

John D. Horne of Memphis, Tennessee for Appellees, Linda Riggan Wood and Cheryl Riggan Benson

John C. Speer and Mary Katherine Hovious of Memphis, Tennessee for Appellee, First Tennessee Bank National Association

Judge: CRAWFORD

Appellant challenges the trial court's judgment dismissing Appellant's claims against the Executrix of her father's estate and enforcing the agreement made by the Appellant with her siblings to share equally in the net assets of her father's estate. We affirm.

http://www.tba2.org/tba_files/TCA/2007/woodl_030607.pdf

KIRBY Concurring
http://www.tba2.org/tba_files/TCA/2007/woodl_con_030607.pdf


STATE OF TENNESSEE v. WILLIAM CLAY BOHANAN, JR.

Court: TCCA

Attorneys:

Michael A. Colavecchio, Nashville, Tennessee, for the Appellant, William Clay Bohanan, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Hugh Ammerman and Katrin Miller, Assistant District Attorneys General, for the Appellee, State of Tennessee

Judge: HAYES

The Appellant, William Clay Bohanan, Jr., was convicted by a Davidson County jury of felony escape and vandalism of property valued under $500, a Class A misdemeanor. On appeal, Bohanan raises two issues for our review: (1) whether the trial court erred in failing to charge the jury on the defenses of duress and necessity; and (2) whether the evidence was sufficient to support the convictions. Following review, the judgments of conviction are affirmed.

http://www.tba2.org/tba_files/TCCA/2007/bohananw_030607.pdf


DONNIE W. FOULKS v. HOWARD CARLTON, WARDEN, and the STATE OF TENNESSEE

Court: TCCA

Attorneys:

Donnie W. Foulks, Mountain City, Tennessee, pro se

Robert E. Cooper, Jr., Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General; for the appellee, State of Tennessee

Judge: WITT

The petitioner, Donnie W. Foulks, petitioned the Criminal Court for Johnson County for relief from his allegedly illegal sentence. The trial court held that the petition demonstrated no basis for relief and dismissed the petition. The state moves this court to affirm the judgment pursuant to Tennessee Court of Criminal Appeals Rule 20. We sustain the state's motion and affirm the order of dismissal.

http://www.tba2.org/tba_files/TCCA/2007/foulksd_030607.pdf


STATE OF TENNESSEE v. THOMAS EDWARD HOGUE
With Order


Court: TCCA

Attorneys:

Paul J. Bruno, Nashville, Tennessee, for the Appellant, Thomas Edward Hogue

Robert E. Cooper, Jr., Attorney General & Reporter; Mark A. Fulks, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Lisa Naylor, Assistant District Attorney General, for the Appellee, State of Tennessee

Judge: WITT

Before the court is petitioner Thomas Edward Hogue's appeal from the Davidson County Criminal Court's dismissal of his October 2005 "Petition to Set Aside Guilty Plea and to Issue a Writ of Error Coram Nobis." Based upon an untimely filing of the petition, we affirm the order of dismissal.

http://www.tba2.org/tba_files/TCCA/2007/hoguet_030607.pdf

Order
http://www.tba2.org/tba_files/TCCA/2007/hoguet_ord_030607.pdf


STATE OF TENNESSEE v. MICHAEL E. LONES

Court: TCCA

Attorneys:

T. Wood Smith, Greeneville, and James Bowman, Johnson City, Tennessee, for the appellant, Michael E. Lones

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Janet Hardin, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: OGLE

The appellant, Michael E. Lones, pled guilty in the Washington County Criminal Court to rape, and the trial court sentenced him to eight years in confinement. On appeal, the appellant claims that the trial court erred by denying his request for probation. Upon review of the record and the parties' briefs, we affirm the trial court's denial of probation. However, we remand the case for entry of a corrected judgment.

http://www.tba2.org/tba_files/TCCA/2007/lonesm_030607.pdf


JACK WARREN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Michael A. Colavecchio, Nashville, Tennessee, for the appellant, Jack Warren

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Pamela Sue Anderson, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: GLENN

The petitioner, Jack Warren, appeals the order dismissing his petition for post-conviction relief, arguing that because he received the ineffective assistance of counsel and was medicated, his guilty plea was not knowingly and voluntarily entered. Following our review, we affirm the post-conviction court's order of dismissal.

http://www.tba2.org/tba_files/TCCA/2007/warrenj_030607.pdf


Constitutionality of Senate Bill 125

TN Attorney General Opinions

Date: 2007-03-05

Opinion Number: 07-24

http://www.tba2.org/tba_files/AG/2007/ag_07-24.pdf

TODAY'S NEWS

Legal News
Legislative News
Knox Term Limits
Passages
BPR Actions
TBA Member Services

Legal News
Foster parents file complaint against Supreme Court
The attorney representing Jerry and Louise Baker in a custody battle over Anna Mae He has filed a complaint with the Court of Judiciary asking that the state Supreme Court justices be reprimanded. Memphis lawyer Larry Parrish argues that the high court ignored the findings of two lower courts when it ruled that Jack and Casey He did not understand what they were doing when they gave their baby girl to the Bakers. Meanwhile, the parties are scheduled to be in juvenile court tomorrow to hear from the Guardian ad Litem and court-appointed psychologist.
News Channel 5 has the story
Fired U.S. attorney testifies of political pressure
Former federal prosecutor David Iglesias, one of eight U.S. attorneys fired in recent months, told a Senate committee that he felt "leaned on" by Sen. Pete Domenici, R-NM, who called and then hung up on him after Iglesias said indictments in a corruption case would not be issued before the fall election. Another New Mexico lawmaker, Republican Rep. Heather Wilson, has acknowledged contacting Iglesias as well. Both have said they did not intend to put pressure on the prosecutor.
The Herald Courier has this AP report from the hearing
MLGW CEO survives council ouster vote
Embattled Memphis Light, Gas and Water Division CEO Joseph Lee this afternoon narrowly survived a City Council vote to fire him, the Memphis Commercial Appeal reports. Six council members voted to remove him and seven voted against the resolution, which was offered by Councilman E.C. Jones.

Music labels reach tentative settlement in payola case
Four major radio broadcast companies have tentatively agreed to pay the government $12.5 million and provide 8,400 half-hour segments of free airtime for independent record labels and local artists in separate agreements to settle charges of paying radio stations to play certain songs.
The Tennessean has the story
Privacy board says eavesdropping program OK
The White House Privacy and Civil Liberties Board has determined that two of the Bush administration's controversial surveillance programs - electronic eavesdropping and financial tracking - do not violate citizens' civil liberties, the Associated Press reported. The commission, which has operated in secret for a year, is set to release its first report to Congress next week.
Learn more
Video beckons California inmates
Thousands of inmates are getting a daily pitch on the finer side of what life could be like in Tennessee as the state of California seeks to relieve its prison overcrowding. The video stars some of the 80 California inmates who transferred to Corrections Corporation of America's West Tennessee Detention Facility in Mason last fall. Their taped testimonials are being used to entice others to voluntarily make the move.
Read more in the Tennessean
Bond procedures broken for sheriff
Long-established bail-bond procedures were broken when Claiborne County Sheriff David Ray was released from the Hancock County Jail, according to District Attorney General C. Berkeley Bell Jr. Ray, who faces charges of sexual assault and statutory rape for alleged incidents involving an underage girl, was allowed to leave without officially posting his $100,000 bond, the prosecutor maintains.
The Citizen Tribune has the story
Mississippi's lone female justice to retire
The only woman serving on the nine-member Mississippi Supreme Court said yesterday she would retire May 1. Justice Kay Cobb cited the demanding work of the court and a desire to spend time with family as her reasons for retiring.
Memphis News Channel 5 has more
Legislative News
Haynes proposes elected lieutenant governor
State Sen. Joe Haynes, D-Goodlettsville, filed a proposal Monday to change the state constitution to allow for election of the lieutenant governor. Under the proposed bill, the lieutenant governor would run on the same ticket as the gubernatorial candidate, and would take over the operations of state government if the governor is incapacitated or leaves the state for more than seven days. Tennessee currently has no provisions for the temporary hand-off of power.
The Times News has this AP report
Outlook for immigration bills
Lawmakers have filed more than 30 bills this session addressing various aspects of illegal immigration. If the quarreling and confusion surrounding a recent effort to require driver's license tests be given in English is any indicator, these issues will be difficult ones for legislators.
The News Sentinel looks at some of the proposals
Stay current on legislation with TBA updates
The Tennessee General Assembly is tackling a number of bills of interest to Tennessee lawyers this session. Keep up with action on those bills with the TBA legislative Watch and Action lists.
Check out TBA legislative updates
Knox Term Limits
Judge tosses election lawsuits
Knox County Chancellor Daryl R. Fansler yesterday dismissed two lawsuits seeking a special election to fill the county's embattled 12 term-limited offices. Both suits were brought by Knoxville lawyer Herbert S. Moncier.
Read more in the News Sentinel
Passages
Former U.S. Representative from Tennessee dies
William Robert Anderson, former U.S. congressman from Tennessee, died Feb. 25 at the age of 85. The Bakerville native, a graduate of the U.S. Naval Academy, commanded the Nautilus submarine on its historic under-ice trips to the North Pole. After retiring from the Navy, Anderson served as a consultant to Presidents John F. Kennedy and Lyndon B. Johnson, helping create the Peace Corps. In 1964, he was elected to the first of four terms representing the Sixth District of Tennessee in the U.S. House of Representatives.
Read about his accomplishments in the Tennessean
BPR Actions
Sumner County attorney suspended
On March 1, the Supreme Court suspended William Norman Ligon for one year, retroactive to April 20, 2006, the date he was first suspended. The court also ordered Ligon to comply with his TLAP contract and make restitution to a client. The court found that Ligon had neglected clients' legal matters, failed to communicate with clients, acted incompetently and charged an excessive fee.
Read the BPR release
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
on the TBA Web site

 
 
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