Corporate counsel learn pro bono needs at first annual fundraiser, bring in $70,000

Last night representatives from corporate legal departments and law firms across the state gathered for the First Annual Corporate Counsel Pro Bono Initiative Reception and Dinner in Nashville. The event was sponsored by the Tennessee Bar Association and the Association of Corporate Counsel and was designed to raise awareness and money, and to demonstrate corporate counsel support for the access to justice community. Funds raised from the event will be deposited with the Tennessee Legal Community Foundation, the nonprofit arm of the TBA, for distribution to access to justice organizations across the state to develop pro bono projects for corporate and in-house legal counsel.
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
03 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
00 - 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

CAROLYN S. CHANDLER V. CRACKER BARREL OLD COUNTRY STORE, INC. AND GALLAGHER BASSETT SERVICES

Court: TWCA

Attorneys:

James T. Shea, IV, Knoxville, Tennessee, for the appellant, Cracker Barrel Old Country Stores, Inc. and Gallagher Bassett Services.

Bruce David Fox and John A. Willis, Clinton, Tennessee, for the appellee, Carolyn S. Chandler.

Judge: DANIEL

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court findings of fact and conclusions of law. The trial court awarded the Plaintiff eighty-five percent vocational impairment for each arm for a bilateral carpal tunnel work injury. The employer has appealed contending that the trial court erred in awarding eighty-five percent vocational impairment to each arm in light of the employee's work history subsequent to the work-related injury. The employer also contends that the trial court erred by inappropriately weighing the testimony of the employee's vocational expert in assessing the eighty-five percent vocational disability. Finally, the employer asserts that the trial court erred in admitting the testimony of Rodney Caldwell, PhD. After a careful review of the record, we conclude that the trial court should be affirmed.

http://www.tba2.org/tba_files/TSC_WCP/2007/chandlercs_061307.pdf


BETTY LEONA CRONAN V. CLEVELAND CHAIR COMPANY

Court: TWCA

Attorneys:

David C. Nagle, Chattanooga, Tennessee, for the appellant, Cleveland Chair Company.

Randy Sellers, Cleveland, Tennessee, for the appellee, Betty Leona Cronan.

Judge: DANIEL

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court findings of fact and conclusions of law. The trial court ordered the employer to provide medical treatment pursuant to a court approved settlement for a 1995 injury and awarded attorneys' fees pursuant to Tennessee Code Annotated section 50-6-204(b)(2). The employer has appealed contending that the trial court erred because the employee's current condition is caused by age-related degenerative arthritis and not by the 1995 work accident and that the attorney fee award was not proved to be reasonable in amount. After a careful review of the record we conclude that the trial court should be affirmed.

http://www.tba2.org/tba_files/TSC_WCP/2007/cronanb_061307.pdf


DAVID WAYNE MOORE V. PEDDINGHAUS MODERN TECHNOLOGIES, LLC

Court: TWCA

Attorneys:

J. Eddie Lauderback, Johnson City, Tennessee, for the appellant, Peddinghaus Modern Technologies, LLC.

James M. Davis, Morristown, Tennessee, for the appellee, David Wayne Moore.

Judge: DANIEL

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court findings of fact and conclusions of law. The trial court found that the employee was permanently and totally disabled as a result of a work-related knee injury and awarded permanent and total disability benefits until the employee is, by age, eligible for full benefits in the Old Age Insurance Benefits Program under the Social Security Act. Tenn. Code Ann. Section 50-6-207(4)(B)(2003). The employer has appealed the trial court's award contending that the trial court erred in finding that the employee gave notice of the work-related injury and that the trial court erred in considering a summary of the medical depositions as opposed to having read the medical depositions before rendering a decision. After careful review of the record, we conclude that the trial court should be affirmed.

http://www.tba2.org/tba_files/TSC_WCP/2007/moored_061307.pdf


MARVIN M. BOREN, AS HUSBAND OF DOROTHY FAYE BOREN v. MARK T. WEEKS, M.D., ET AL.

Court: TCA

Attorneys:

Thomas M. Pinckney, Nashville, Tennessee for appellant, Mark T. Weeks, M.D., d/b/a Emergency Medicine Associates; and Sterling Health Care Group, Inc.
Bryan Essary and Carrie C. Wiltshire, Nashville, Tennessee, for the appellant, River Park Hospital, Inc., d/b/a River Park Hospital.

Christopher K. Thompson, Murfreesboro, Tennessee, for the appellee, Marvin M. Boren, as husband of Dorothy Faye Boren.

Judge: CLEMENT

This Tenn. R. App. P. 9 interlocutory appeal concerns a hospital's liability for the alleged negligence of an emergency room physician. The trial court granted the hospital summary judgment as to all claims except those alleging an ostensible or apparent agency relationship between the physician and the hospital. Because the steps taken by the hospital to disavow that the physician was an agent of the hospital were sufficient to preclude the plaintiff's claims based on apparent agency, we reverse the trial court's order denying summary judgment.

http://www.tba2.org/tba_files/TCA/2007/borenm_061307.pdf


AMANDA LYNN DEWALD, ET AL. v. HCA HEALTH SERVICES OF TENNESSEE, ET AL.

Court: TCA

Attorneys:

Bryan Essary, Nashville, Tennessee, for the appellant, HCA Health Services of Tennessee, Inc., d/b/a Stonecrest Medical Center.
Phillip Lester North, Nashville, Tennessee, for the appellant, Adrian Lamballe, M.D.

Rodney M. Scott and W. Kennerly Burger, Murfreesboro, Tennessee, for the appellee, Amanda Lynn DeWald and Thomas B. DeWald.

Judge: CLEMENT

This Tenn. R. App. P. 9 interlocutory appeal concerns a hospital's liability for the alleged negligence of a radiologist with staff privileges at the hospital, based upon the theory of apparent agency. The trial court overruled the hospital's motion for summary judgment on the issue of apparent agency, but granted the hospital permission to appeal pursuant to Tenn. R. App. P. 9. Because the steps taken by the hospital to disavow that the radiologist was an agent of the hospital were sufficient to preclude the plaintiffs' claims based on apparent agency, we reverse the trial court's order denying summary judgment.

http://www.tba2.org/tba_files/TCA/2007/dewalda_061307.pdf


ALVIN KING V. SHELBY COUNTY GOVERNMENT CIVIL SERVICE MERIT BOARD

Court: TCA

Attorneys:

Darrell J. O'Neal, Memphis, Tennessee, for the Petitioner/Appellant Alvin King.

Martin W. Zummach, Germantown, Tennessee, for Respondent/Appellee Shelby County Government Civil Service Merit Board.

Judge: KIRBY

This is the second appeal of a case involving the termination of a county employee. The petitioner was a deputy jailor for the County Sheriff's Department. His employment was terminated because he failed to report an injured inmate. The county's administrative board upheld the termination. The petitioner then filed a petition for writ of certiorari in the trial court. The trial court denied the writ, and the petitioner appealed. In the first appeal, the trial court's order was vacated and the cause was remanded for reconsideration under the standard of review set forth in the Uniform Administrative Procedures Act, see T.C.A. Section 4-5-322. On remand, the trial court entered a revised order, affirming the termination. The petitioner now appeals the revised order. We affirm, finding that the petitioner received a fair hearing before the administrative board and that the board's decision was supported by substantial evidence.

http://www.tba2.org/tba_files/TCA/2007/kinga_061307.pdf


Salary of District Attorney General Pro Tem

TN Attorney General Opinions

Date: 2007-06-12

Opinion Number: 07-93

http://www.tba2.org/tba_files/AG/2007/ag_07-93.pdf

TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Puryear nominated to
federal bench
Nashville lawyer Gus Puryear IV was nominated today to be a federal judge for the Middle District of Tennessee. Puryear, who is executive vice president and general counsel at Corrections Corporation of America Inc. and a former aide to Republican Sen. Bill Frist, would replace Robert Echols, who is retiring.
The Tennessean has more
Bakers appeal, say girl's 14th Amendment right violated
Saying it's Anna Mae He's "constitutional right to maintain her lifelong (family) bond," the attorney for her foster parents, Jerry and Louise Baker, commented on a suit filed in U.S. District Court. "It's her right, not the Bakers' right," Larry Parrish said. In the federal suit filed Friday, the Bakers argue that the state Supreme Court retroactively applied new law to the custody dispute and violated the child's 14th Amendment rights to due process.
The News Sentinel has the story
Drowota honored for
public service
Retired Tennessee Supreme Court Chief Justice Frank F. Drowota III was given a community service award by the Nashville School of Law for his commitment to the school. Last year, the Tennessee Bar Association named an award after him and presented him the inaugural award. The Justice Frank F. Drowota III Award for Outstanding Judicial Service was given for his work as a judge and a public servant. This week at the TBA convention, the second annual award will be given.
Read more in the Tennessean
Along with Drowota, Suzanne Keith and Harlan Dodson III were honored by the Nashville School of Law. See pictures of the Patron's Party
in the Tennessean
Women lawyers leaving big firms, story says
Large firms are having in trouble retaining women lawyers and advancing them into leadership roles, a new article in the National Law Journal reports. A post in today's Wall Street Journal Law Blog talks about the story and how many women are leaving to take contract positions, or work in smaller firms, in-house jobs, government posts and legal aid careers that give them more control over their work and personal lives.
Read discussion of the article
Ex-MLGW counsel testifies before grand jury
Former Memphis Light Gas and Water vice president and general counsel Odell Horton Jr. testified this afternoon before a grand jury investigating the handling of Councilman Edmund Ford's overdue accounts. Horton and former MLGW President Joseph Lee resigned on May 4.
Read more in the Commercial Appeal
Interview with John Scopes gave writer insight to trial
The Scopes trial is not just in the history books to this writer -- he sat next to John Scopes at the opening of a play in 1959 and learned his perspective.
Read more in the Crossville Chronicle
Civil rights era cases would get attention in proposed unit
Congress is moving toward setting aside $100 million to create a Justice Department unit devoted to investigating unsolved murders from the civil rights era, the Associated Press reports. A bill named in honor of slain black teenager Emmett Till would establish a division of FBI agents and federal prosecutors who would focus strictly on the racially motivated slayings.

eBay infringement question goes back to court
A small Virginia company in a patent fight with eBay Inc. asked a federal judge Tuesday to stop the online auction powerhouse from using its "Buy It Now" feature allowing shoppers to buy items at a fixed price, the Associated Press reports. A jury in 2003 found that eBay had infringed, but later the U.S. Supreme Court ruled that MercExchange was not automatically entitled to a court order blocking the offending service. Now U.S. District Court Judge Jerome B. Friedman must decide whether MercExchange is entitled to a permanent injunction.
The Kingsport TImes-News carried this AP story
TBA Member Services
Free online legal research
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 with your TBALink password.
Access Fastcase now

 
 
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