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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

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

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


TODAY'S NEWS

Legal News
BPR Actions
TBA Member Services

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.

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
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
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
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
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."
The City Paper has the story
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
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
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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