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Online legal research free through TBA Fastcase benefit
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 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 now to try it out.
http://www.tba2.org/members/member_fastcase_login.php |
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.
01 - TN Supreme Court 00 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 02 - TN Court of Appeals 00 - TN Court of Criminal Appeals 00 - 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
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2007/certlist_061807.pdf
TRINA GREEN v. JAMES G. NEELEY, ET AL.
Court: TCA
Attorneys:
Renee Andrews-Turner and David Kozlowski, Murfreesboro, Tennessee, for the appellant, Trina
Green.
Robert E. Cooper, Jr., Attorney General and Reporter; Lauren S. Lamberth, Assistant Attorney
General, for the appellee, James G. Neeley.
Judge: CAIN
Claimant appeals the denial of her claim for unemployment benefits, arguing that the denial was not
based on substantial and material evidence since the only proof of work-related misconduct offered
by her former employer was hearsay. We reverse the judgment of the chancery court, finding that
although the hearsay evidence was admissible, the testimony was uncorroborated due to the failure
of the unemployment agency to maintain a proper record. Thus, we find that the former employer
failed to present substantial and material evidence sufficient to support the denial of Claimant's
unemployment benefits.
http://www.tba2.org/tba_files/TCA/2007/greent_061807.pdf
CYDNIE BROWNING O'ROURKE v. JAMES PATRICK O'ROURKE
Court: TCA
Attorneys:
Karla C. Hewitt, Nashville, Tennessee, for the appellant, Cydnie Browning O'Rourke.
Helen Sfikas Rogers, Nashville, Tennessee, for the appellee, James Patrick O'Rourke.
Judge: COTTRELL
The trial court disqualified a law firm representing the wife in post-divorce proceedings. An attorney
who had represented the husband joined the firm, which later began representing the wife. It was
not disputed that the attorney who had represented the husband was disqualified from representing
the wife. The trial court imputed this disqualification to the attorney's new firm. We affirm the trial
court's order.
http://www.tba2.org/tba_files/TCA/2007/orourkec_061807.pdf
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| TODAY'S NEWS |
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Legal News
BPR Actions
TBA Member Services
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| Legal News |
| Time set for Koch oath |
| Judge William C. Koch Jr. will be sworn in as the fifth justice on the Tennessee Supreme Court, June 22 at 1 p.m. in the Old Supreme Court Chambers in the
State Capitol.
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| Process begins to fill Koch's Court of Appeals seat |
| The Judicial Selection Commission has begun the process of filling the vacancy on the Court of Appeals, which was created when Koch was appointed to the Tennessee Supreme Court. Deadline to apply is July 16. |
Find details on the Administrative Office of the Courts web site
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| Nifong disbarred |
| The prosecutor in the Duke University lacrosse team rape case was disbarred Saturday for unethical conduct, and the chairman of the disciplinary committee blamed "political ambition" for his downfall, CNN reports. |
Read more from WMC-TV.com
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| Bite added to dog laws, effective July 1 |
| Dog owners are more liable for what their dogs do, now that a new law is in place. Under the bill slated to become law July 1, a dog that is off of its owner's property can cause the owner to be punished with various misdemeanors or a Class E felony if it causes "serious bodily injury" to another human being. It moves up to Class D if the dog kills a person. Other dog-related laws were passed, including fines for being a spectator at a dog fight and organizing a "hog-dog rodeo," where a hog and a dog are pitted against each other. |
Read more about the new dog laws in the City Paper
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| Special prosector named to study Herenton conspiracy claims |
| Shelby County District Attorney General Bill Gibbons has requested a special prosecutor to investigate allegations that a former cocktail waitress says she was offered money and other gifts to have videotaped sex with Memphis Mayor Willie Herenton. Herenton contends that there is a conspiracy to derail his efforts for reelection. |
The Commercial Appeal has the story
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| Nashville School of Law fills needed niche |
| The Nashville School of Law is featured in this story that touts the value of the school, pointing out that one of the ways it keeps its costs down is by not pursuing ABA accreditation.
"NSL [is] filling a niche on its own," Board of Law Examiners Administrator Adele Anderson said. "I think people really appreciate that it is a night law school, so you can still have your job and your family."
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The City Paper has the story
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| Newspaper pushes for elected high court |
| The Nashville City Paper calls for the state Supreme Court to be elected in an editorial today saying, "The doors should be thrown open as they are at the local level for judges and taxpayers should decide what kind of judiciary they want." |
Read the editorial
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| BPR Actions |
| Memphis lawyer suspended |
| Memphis attorney Dixie White Ishee has been suspended from the practice of law for four months by an order of the Tennessee Supreme Court entered on June 12. Ishee was suspended based upon a petition filed by the Board of Professional Responsibility. Ishee had told the board that she had given conflicting testimony in two depositions in cases pending in Shelby County. |
Read the BPR's release
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| TBA Member Services |
| Save at FedEx Kinkos |
| Through your membership in the TBA, your business can enjoy FedEx reliability and special savings on a variety of FedEx services, including savings on FedEx Kinkos services. All you have to do is sign up. Opening an account is free and there is no minimum shipping requirement. |
Find out more
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