Learn the art: Don't miss out on growing use of arbitration

Arbitration is fast becoming not an alternative to litigation, but a required and recommended way to reach final resolution of disputes. The TennBarU Art of Arbitration seminar will help lawyers who are new to this field, or who are experienced, learn more about the various aspects of arbitration, from considerations in drafting arbitration clauses, choosing an arbitrator, what rules should apply, preparing for a hearing and the law of appeals. Nov. 2 in Nashville, Nov. 9 in Knoxville and Nov. 30 in Memphis. Register now or find out more

https://www.tnbaru.com/CLE/catalog_by_topic.php?topic=1

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.

00 - TN Supreme Court
02 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
01 - 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.

DEBBIE BUCKINGHAM v. FIDELITY & GUARANTY INSURANCE CO., ET AL.

Court: TWCA

Attorneys:

Jennifer L. Williams, Brentwood, Tennessee, for the appellants, Fidelity & Guaranty Insurance Co. and Convergys Corporation.

William Joseph Butler, Frank Farrar, Lafayette, Tennessee, for the appellee, Debbie Buckingham.

Hal W. Wilkins, Nashville, Tennessee, for the appellee, Kmart Corporation.

Judge: HARRIS

This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel pursuant to Tennessee Code Annotated section 50-6-225(e)(3). The trial court awarded eighty percent permanent partial disability to each arm, arising from employee's carpal tunnel syndrome. The employer, Convergys Corp., contends that the trial court erred in determining the date of injury, failed to apply the last-injurious-injury rule, and erroneously found that notice was timely. We affirm, as modified, the trial court's judgment.

http://www.tba2.org/tba_files/TSC_WCP/2007/buckinghamd_102507.pdf


FRANCOIS DEXTRA v. WESTERN EXPRESS, INC., ET AL.

Court: TWCA

Attorneys:

Terry R. Clayton, Nashville, Tennessee, for the appellant, Francois Dextra.

Richard C. Mangelsdorf, Nashville, Tennessee, for the appellee, Western Express, Inc.

Judge: HARRIS

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. A complaint was filed by Francois Dextra in the Circuit Court for Davidson County alleging both a claim based in tort and one appearing to seek workers’ compensation benefits. The trial court dismissed the tort claim and directed the case proceed as a workers’ compensation claim. After more than two years, the case was dismissed by the trial court for failure to prosecute due to the failure of Mr. Dextra to have his case set for trial. On appeal, Mr. Dextra has not asserted that the trial court abused its discretion in dismissing the workers’ compensation claim but alleges the trial court erred by dismissing his tort claim and converting it to one for workers’ compensation benefits. We find no abuse of discretion in the trial court’s dismissal of the case and affirm that judgment. Appellate jurisdiction with regard to the dismissal of Mr. Dextra’s tort claim lies with the Court of Appeals and, pursuant to Rule 17 of the Tennessee Rules of Appellate Procedure, the cause is transferred to that court for appropriate review.

http://www.tba2.org/tba_files/TSC_WCP/2007/dextraf_102507.pdf


JAMES SWIGGETT v. HOWARD CARLTON, WARDEN
This is a corrected opinion.


Court: TCCA

Attorneys:

James E. Swiggett, Pro se, Mountain City, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; and Leslie E. Price, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Petitioner, James Swiggett, appeals the summary dismissal of his petition for the writ of habeas corpus. Swiggett is currently serving a sentence of life imprisonment as a result of his conviction for first degree murder. On appeal, he argues that the trial court erred in concluding that his petition failed to state a colorable claim for habeas corpus relief. After review, we affirm the judgment of the Johnson County Criminal Court dismissing the petition.

http://www.tba2.org/tba_files/TCCA/2007/swiggettj_CORR_102507.pdf


TODAY'S NEWS

Legal News
Legislative News
TBA Member Services

Legal News
Subcommittee recommends more closed-door meetings
By a 7-2 vote on Tuesday a subcommittee of a special panel set up to improve open government laws recommended to allow more elected officials to deliberate behind closed doors.
Find out more, including the roll call vote, from the Kingsport Times News
Briley discusses alcoholism, childhood abuse
In an interview Wednesday, State Rep. Rob Briley said "unresolved childhood abuse issues" led to him losing his battle with alcoholism about four years ago after 14 years of sobriety, a contributing factor in the failure of his marriage and his recent arrest on DUI and two felony charges.
Read the details in the Nashville City Paper
Read the transcript of the interview
District court rules on e-discovery, TennCare
The U.S. District Court for the Middle District of Tennessee recently issued an opinion and accompanying order on an electronic discovery matter involving health care for TennCare children.
Read the Tennessee Justice Center's summary of the court's opinion
Download the 187-page opinion
FTC continues fight about Wild Oats takeover
Federal regulators are continuing their legal efforts to block Whole Foods' $565 million takeover of rival Wild Oats, despite the deal's closing in late August. The Federal Trade Commission tried to block the deal earlier this year on antitrust grounds. In Nashville, Whole Foods will open a 57,800-square-foot store in Green Hills on Nov. 1, closing a smaller Wild Oats location a block away.
The Tennessean has more
Kentucky Supreme Court live online
Kentucky's high court started Webcasting oral arguments Wednesday through a site called Supreme Court Live, the Associated Press reports. Kentucky is now one of at least 16 other states using the technology.
Find out more from NewsChannel 5
Benton County schools vote to follow law
Despite community pressure, the Benton County School Board voted to follow the law and not allow prayer in its schools. "The Board did the only logical, sensible and legal thing they could do," said Director of Schools Randall Robertson, "They voted to obey the law."
The Camden Chronicle reports
Legislative News
Ethics Committee meets to decipher new law
Lawmakers expressed concern at the first meeting of the Joint Ethics Committee on Wednesday about the sweeping law passed in the wake of the Tennessee Waltz corruption sting that led to the convictions of five former lawmakers. Under the new law, "we're not sure we can even take a doughnut or a Coke or anything" when attending national meetings, Rep. Ulysses Jones, a Memphis Democrat, said of the 100-page law.
The Tennessean has the AP story
TBA Member Services
Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
Visit the site

 
 
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