"Misinformation" blamed for failure of med mal bill

Misinformation about the "locality rule," may have led to the demise of a medical malpractice bill in this legislative session, the Nashville City Paper reports. The compromise bill was backed by House Judiciary Committee Chair Rob Briley, D-Nashville, Rep. Doug Overbey, R-Maryville, and Senate Republican Leader Mark Norris, R-Collierville. "From what I heard, there was more misinformation spread about the content and impact of that bill over the last four or five days than I thought was imaginable," Briley said. "Which to me either shows someone's incompetence or their intent to be deceptive about what the bill actually accomplished."
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

Corrections on pages 1, 2 and 3 to opinion originally filed on April 19, 2007

Court: TCA


O'Rane M. Cornish, Sr., Pro Se

Jay M. Atkins of Memphis, Tennessee for Appellee, The Home Depot


This case arises from the trial court's grant of summary judgment in favor of Defendant/Appellee on a malicious prosecution complaint filed by Plaintiff/Appellant. Defendant/Appellee certified that it mailed copies of its filings, including its motion for summary judgment, to an incorrect address for Plaintiff/Appellant. Under Tenn. R. Civ. P. 5.02, if by mail, service must be made to the last known address of the party. Because Defendant/Appellee mailed its notice to an incorrect address, Plaintiff/Appellant was not properly noticed. We reverse and remand.


With Dissenting Opinion

Court: TCA


Grace E. Daniell, Chattanooga, Tennessee, for the appellant, Michael V. Woodward.

Lisa Z. Bowman, Chattanooga, Tennessee, for the appellee, Brenda J. Woodward.

Judge: LEE

In this divorce case, Husband argues that the trial court erred in its classification, valuation, and division of the marital estate, including the award to Wife of $1,000 to "equalize the marital property division." Upon our determination that the evidence did not support an award of $1,000 to Wife to equalize the marital property division, the trial court's judgment is vacated in that regard. In all other respects, Husband failed to show that the evidence preponderated against the trial court's decision, and the judgment is affirmed.



Whether Senate Bill 202, as Amended by Senate Commerce, Labor & Agriculture Amendment No. 1, is Preempted by Federal Law

TN Attorney General Opinions

Date: 2007-05-10

Opinion Number: 07-64



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Committee brainstorms for solutions to Knox jail crowding
A special committee of judges, prosecutors, the public defender, the Knox County sheriff, Knoxville police chief and attorneys for inmates brainstormed for solutions to jail overcrowding problems that have plagued the county for at least a decade. Knox County Mayor Mike Ragsdale, who called the Thursday meeting, said the $15 million expansion of the Detention Facility in East Knox County will be full the day it opens.
Read more in the Knoxville News Sentinel
DUI hearing delayed for Sen. Cooper
A court hearing for state Sen. Jerry Cooper was postponed today for three months. Cooper's lawyer said the lawmaker could not appear because of a doctor's appointment related to injuries he received in the wreck that led to the drunken driving and speeding charges, the Tennessean reports.

Legislative News
Legislative leaders at odds over "pork-barrel" spending
House and Senate leaders, who disagree over a proposed cigarette tax increase, are also at odds over "pork-barrel" spending for members' individual projects.
Read more in the Chattanooga Times Free Press
BPR Actions
Nashville attorney receives public censure
Nashville attorney Penny Harrington received a public censure from the Board of Professional Responsibility on May 7 for unethical conduct. Harrington had filed a complaint with the Metro Nashville Police Department alleging that the husband of an opposing party in a case she was involved with had abused his authority as an off-duty police officer. An investigation by the Police Department found the allegations unfounded, and the Board of Professional Responsibility found her statements in the complaint to violate Rules 3.1; 3.4(b), and 8.4(a)(c) of the Tennessee Rules of Professional Conduct. The censure does not limit Harrington's right to practice law.
Read the full BPR release
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The TBA will celebrate 125 years of service to the Tennessee legal community at this summer's annual convention in Nashville. Events include an opening reception, the annual bench/bar lunch, ethics CLE, dinner at the home of President Andrew Jackson, and the always-popular lawyers lunch. Join us June 13-16 in Nashville.
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