Supreme Court loosens restrictions on election ads

The Supreme Court today loosened restrictions on corporate- and union-funded television ads that air close to elections, weakening a key provision of the McCain-Feingold campaign finance law. Read the Associated Press account on Law.com.

http://www.law.com/jsp/article.jsp?id=1182762351892

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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2007/certlist_062507.pdf


THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE v. METROPOLITAN EMPLOYEE BENEFIT BOARD, ET AL.

Court: TCA

Attorneys:

Karl F. Dean, James L. Charles, James W. J. Farrar and Laura T. Kidwell, Nashville, Tennessee, for the appellant, The Metropolitan Government of Nashville and Davidson County, Tennessee.

C. Dewey Branstetter, Jr., and Mark A. Mayhew, Nashville, Tennessee, for the appellees, Metropolitan Employee Benefit Board and Aubrey Clay Whitworth.

Judge: FARMER

In this administrative appeal, the Metropolitan Government of Nashville and Davidson County (Metro) challenges the lower court's affirmance of a grant of "In line of duty" (IOD) benefits to a park ranger. The award of IOD benefits required the park ranger's hypertension to have been caused by his work conditions and ultimately depended upon the applicability of the Tennessee Heart and Hypertension Act (the Act) to the park ranger's case. The pertinent section of the Act establishes a rebuttable presumption of causation for law enforcement officers suffering disability, illness, or death from heart disease or hypertension. Throughout the proceedings, including this appeal, Metro has contended that the Act does not apply to the park ranger because he is not employed by the Metro Police Department as required by the statute. The lower court ruled that, for purposes of the Act, the park ranger met this requirement because his commission as a special policeman remained under the control of the Metro Police Department and because his job duties and training were equivalent to those of Metro police officers. We affirm.

http://www.tba2.org/tba_files/TCA/2007/metropolitanemployee_062507.pdf


TODAY'S NEWS

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Legal News
U.S. Supreme Court won't hear appeal for Anna Mae
The U.S. Supreme Court refused to review the child custody case of Anna Mae He today, WATE-TV reports.
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Memphis lawyer says he stole money
Former Memphis attorney John House Parker pled guilty in Criminal Court today, saying he stole more than $60,000 in client funds from clients and his law firm. He was disbarred in December.
The Commercial Appeal has the story
Debate over open records opens new question
Does a decision of one section of the Court of Appeals bind the other sections? That's the question at the heart of a dispute -- which involves whether administrators can require written requests for public records -- between the city of Gallatin and the Tennessee Press Association. The court's Western Division said in 2005 that municipalities exceed their legal authority when they attempt to require written requests for public records. But Gallatin's city attorney Joe Thompson contends that that doesn't translate to the MIddle District.
The Tennessean has the story
Governor dislikes the process, likes the candidate
Although Gov. Phil Bredesen found the judicial selection process "one that irritated me," he is quick to qualify that that is "in no way a criticism of the individual, who is a fine individual and will be a fine Supreme Court justice."
The Memphis Daily News has more
Jarvis honored
More than 600 people packed St. John's Cathedral in Knoxville on Friday to honor U.S. District Judge James Howard Jarvis II. Jarvis died June 6 after a five-year battle with lung cancer. Among those attending the service were U.S. District Judge Thomas Varlan and Former Sen. Howard H. Baker Jr.
The News Sentinel has the story
National Asian Pacific bar supports amendments
Amendments have been proposed to the comprehensive immigration reform bill currently in the Senate, with voting to take place as early as tomorrow morning. The Dodd Amendment (1199) would increase the cap on parent visas currently proposed. The Menendez-Obama-Feingold Amendment (1317) would increase the number of points that can be awarded for family ties and remove an arbitrary merit-based point threshold before family ties matter. The National Asian Pacific American Bar Association has voted to support these amendments. Read the association's reasoning for supporting the Dodd and Menendez-Obama-Feingold amendments.

Child support suit hopes to stop jailing dads who can't pay
"Deadbeat dad" or just a guy whose income had plummeted, leaving him with no way to pay his child support? Bryan Cottingham was jailed in 2002 for not paying, but the Tennessee Supreme Court recently ruled that no one proved Cottingham had the money and refused to pay. He's now suing the state.
Read more in the Tennessean
Cox is new attorneys general conference president
Hamilton County District Attorney Bill Cox was elected president of the Tennessee District Attorneys General Conference earlier this month. "Bill is and always has been one of the most respected members of the conference," Executive Director Wally Kirby said. "We are glad to have him."
Read more about him in the Times Free Press
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