Get answers to your state, federal tax issues

If you have questions about substantive or procedural federal and Tennessee tax issues, don't miss the opportunity to attend a pair of TBA TennBarU CLE programs coming up Sept. 5 in Nashville. Officials of the Internal Revenue Service and the Tennessee Department of Revenue will provide their views on recent developments in tax administration and substantive taxes, and how those developments will impact attorneys and their clients.

https://www.tnbaru.com/CLE/catalog_by_topic.php?topic=23

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 or to obtain a text version of each opinion, 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 the TBA's Membership Central.

01 - TN Supreme Court
02 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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. 2) 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.

JERRY T. TROUP, JR. v. FISCHER STEEL CORPORATION

Court: TSC

Attorneys:

David G. Mills, Cordova, Tennessee, for the appellant, Jerry T. Troup, Jr.

Justin Nicholas Joy, Kevin O’Neal Baskette, and Stephen C. Barton, Memphis, Tennessee, for the appellee, Fischer Steel Corporation.

Judge: HOLDER

The plaintiff in this case suffered an on-the-job injury and filed a tort claim against the third-party defendant. We granted review to determine whether the third-party defendant is entitled to argue the comparative fault of a principal contractor who is an employer for purposes of the Workers' Compensation Law. We conclude that the third-party defendant may not argue the comparative fault of a principal contractor even if the principal contractor does not have a subrogation interest in the plaintiff's recovery. The third-party defendant may, however, argue that the principal contractor was the sole cause in fact of the plaintiff's injuries. We also conclude that the jury instruction provided by the trial court accurately and adequately explained the jury’s ability to consider whether the actions of the principal contractor were the cause in fact of the plaintiff's injuries. Accordingly, we reverse the ruling of the Court of Appeals and remand this case to the Court of Appeals for consideration of the issues pretermitted by its opinion.

http://www.tba2.org/tba_files/TSC/2007/troupj_083107.pdf


KAY HILL v. FRANKLIN COUNTY BOARD OF EDUCATION and TENNESSEE SCHOOL BOARDS RISK MANAGEMENT TRUST

Court: TWCA

Attorneys:

Jennifer Webb Arnold, Chattanooga, Tennessee, for the appellants, Franklin County Board of Education and Tennessee School Boards Risk Management Trust.

M. Christopher Coffey, Knoxville, Tennessee for the appellee, Kay Hill.

Judge: WADE

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The trial court awarded permanent partial disability benefits of 65% to the body as a whole. The employer has appealed, contending that the trial court used an incorrect method to calculate the average weekly wage. The employer also argues that the amount of the award is excessive and that it is entitled to a credit for an overpayment of temporary disability benefits. We hold that the method used to calculate the average weekly wage was, in fact, erroneous and modify the judgment accordingly. We also hold that the Employer is entitled to credit for the overpayment of temporary disability benefits. We otherwise affirm the trial court's judgment.

http://www.tba2.org/tba_files/TSC_WCP/2007/hillk_083107.pdf


MYRON L. ROBBINS v. GRAPHIC PACKAGING INTERNATIONAL, INC. ET AL.

Court: TWCA

Attorneys:

Richard C. Magelsdorf, Jr. and Catherine E. Cunningham, Nashville, Tennessee, for the appellants, Graphic Packaging International, Inc. and Liberty Mutual Insurance Company.

David J. Deming, David M. Drobny, and William D. McGee, Nashville, Tennessee, for the appellee, Myron L. Robbins.

Judge: WADE

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law to the Supreme Court. The trial court awarded 50% permanent partial disability to the body as a whole to the employee. The employer asserts that the trial court erred by finding that the employee sustained a compensable aggravation of his pre-existing congenital condition. In the alternative, the employer contends that the trial court erred by finding that the employee did not have a meaningful return to work and by awarding more than two and one-half times the medical impairment under Tennessee Code Annotated section 50-6-241(a). We affirm the finding of compensability, reverse the finding that the employee did not have a meaningful return to work, and modify the award to 37.5% permanent partial disability to the body as a whole.

http://www.tba2.org/tba_files/TSC_WCP/2007/robbinsm_083107.pdf


JAMES E. RASBERRY v. ORMAN CAMPBELL, O.D., ET AL.

Court: TCA

Attorneys:

S. Joshua Kahane, Memphis, Tennessee, for the appellant, James E. Rasberry.

John Helflin, III and Thomas R. Dyer, for the appellees, Orman Campbell, O.D., Cathryn Pitts Campbell Holland, Christy Campbell Lino, Beverly Allene Campbell Swain, Bonnie H. Campbell, Carolyn Campbell Scalan, Orman Campbell, Trustee of the Gary Ehteredge Campbell Trust.

Judge: FARMER

Plaintiff brought suit to enforce a contract for the sale of real estate contending that one of the selling heirs was the authorized agent of the remaining heirs to enter into the agreement. Defendants filed a motion for summary judgment supported by affidavits and the Plaintiff countered with his affidavit. Finding no genuine issue of material fact, the trial court granted the motion and we affirm.

http://www.tba2.org/tba_files/TCA/2007/rasberryj_083107.pdf


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Duke prosecutor found in contempt
Disgraced former Durham County, N.C., district attorney Mike Nifong was held in criminal contempt of court today for lying to a judge when pursuing rape charges against three falsely accused Duke University lacrosse players.
Read the Associated Press account
Closed for Labor Day
Tennessee Bar Association offices will be closed on Monday, Sept. 3, for the Labor Day holiday.

Nashville Court Clerk says he'll do better
Metro Nashville Juvenile Court Clerk Vic Lineweaver has apologized to the public for the fiasco that culminated in his being booked into jail this week, but the showdown with juvenile court jurists is not over. While saying he has taken to heart recommendations made last year in an independent audit of his office, he disputes the assertion that the office is in poor shape.
Read more in the Tennessean
Sen. Herron completes 30th marathon
Tennessee lawyer and state senator Roy Herron this week completed his 30th marathon as part of the Ford Ironman competition in Louisville. The event consisted of a 2.4-mile swim and a 112-mile bike ride capped off with a 26.2-mile marathon. "For an overweight, under-trained, middle-aged country boy pedaling a broken bike, I guess I did okay," the 53-year-old Herron said with a laugh after the race. In the General Assembly, Herron has been a champion of health care issues and worked to pass legislation requiring all schools to provide 90 minutes of physical exercise for students each week.

Tight budget equal fewer prosecutions
Tight budgets at U.S. Attorneys' offices have forced a drop in prosecutions, especially for drug, white-collar and violent crimes, the ABA Journal reports. Offices got actual annual budget increases of only 1.9 percent from 2003 to 2006 as federal spending priorities shifted to the fight against terrorism and the Iraq war.
Read more
Bradley forms Family Court
Four attorneys took the oath of office this morning to become referees for the first Bradley County Family Court. They will preside over the new court under the direction of General Sessions Judge Daniel Swafford.
Read more in the Chattanooga Times Free Press
Meares sworn in as new judge by Bredesen
Gov. Phil Bredesen delivered the oath of office to new Blount County Circuit Court Judge Mike Meares on Thursday, saying "Mike has a great reputation among lawyers and judges. That means a lot to me. I think people who are really grounded in the community make really good judges."
Read more in Blount Today
Lawyer newlyweds hit the road for year-long journey
A pair of Nashville lawyers is exchanging Blackberries and briefcases for backpacks and guide books as they take off on a yearlong round the world journey. Soon-to-be newlyweds Derek Hughey and Shanna Singh will make a first stop in Paris after getting married Sunday. After that, it will be a year of travel and volunteer work in Asia, Africa, South America and Europe.
Find out more about the couple and their plans in the Tennessean
Grant will aid in prosecuting Nashville gang cases
A grant approved this week will allow the Nashville U.S. Attorney’s Office to add a Special Assistant U.S. Attorney to work strictly on prosecuting Nashville gang cases in both federal and state court.
Read more in the Nashville City Paper
TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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