What will the profession look like in 2020?

What will the legal profession and the lives of lawyers look like in the year 2020? The Complete Lawyer gives you an educated guess: you will be much healthier; law practices will be far more collaborative; the pace of change will only accelerate; and the rapid growth of Alzheimers in adults and autism in children will break the health care system unless effective cures or treatments are found. Memphis lawyer Greg Siskind is featured in the "What Makes Lawyers Successful?" feature, where he talks about his heros, what he considers his contributions to the law, and what he's most passionate about. Read it all in this edition of The Complete Lawyer:

http://tennessee.thecompletelawyer.com/volume3/issue6/index.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 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
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
06 - 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.

KAREN MAE DANIEL v. COY ELZIE DANIEL

Court: TCA

Attorneys:

W. Andrew Yarbrough, Waynesboro, TN, for Appellant.

Paul A. Bates, Lawrenceburg, TN, for Appellee.

Judge: HIGHERS

The plaintiff wife and the defendant husband were married in 1984, and they had four children during the marriage. In February of 2005, the wife sued the husband for divorce, alleging inappropriate marital conduct and irreconcilable differences. A trial was held in June of 2006, after which the trial court adopted the wife's proposed division of marital property and awarded the wife $10,000, representing a portion of her attorney's fees. The division of property included an award to the wife of a house bought by the husband prior to marriage, a reimbursement to the wife for one- half of the expenditures she incurred repairing and furnishing the house during the proceedings, and a one-half interest in a certificate of deposit held jointly by the parties containing a worker's compensation settlement obtained by the husband during the marriage. On appeal, we affirm.

http://www.tba2.org/tba_files/TCA/2007/danielk_110107.pdf


MICHAEL HAYES v. DONALD W. WASHBURN, ET AL.

Court: TCA

Attorneys:

Ricky L. Wood, Parsons, Tennessee, for the appellant, Michael Hayes.

Charles N. Griffith, Waverly, Tennessee, for the appellees, Donald W. Washburn and Wife, Doris L. Washburn.

Judge: COTTRELL

In an action for breach of contract, the trial court held that the contract was valid and enforceable yet declined to enforce its terms because to do so would, in the trial court's opinion, unjustly enrich one party. The trial court reached this conclusion based on its finding that the parties' agreement in the contract regarding one party's contribution to the project was not substantiated by the party; i.e., the party did not prove that he contributed $63,000 as agreed by the parties in the contract. We reverse. Once it is found that a valid contract exists, the contract should be interpreted as written, parol evidence may not be introduced to vary its terms, and unjust enrichment may not be used to alter contractual terms.

http://www.tba2.org/tba_files/TCA/2007/hayesm_110107.pdf


ELIZABETH MacRAE HODGE v. ROGER ALAN HODGE

Court: TCA

Attorneys:

Phillip Robinson, Philip E. Smith, and Thomas F. Bloom, Nashville, Tennessee, for the appellant, Elizabeth Duncan MacRae Hodge.

Michael W. Binkley, Nashville, Tennessee, for the appellee, Roger Alan Hodge.

Judge: CLEMENT

The parents of three minor children obtained a divorce, and a permanent parenting plan was approved in 2003. Two years after the foregoing judgments had become final and without any petition being filed to invoke the court's jurisdiction over the final decrees previously rendered the trial court entered a sua sponte Order appointing a Special Master to preside over what the order described as "a high conflict case between the parents over the love and affection of the minor children." The sua sponte Order afforded the Special Master exceptional powers, including the authority to modify the Permanent Parenting Plan and to resolve all conflicts between the parents arising out of the parenting plan. The Order included the directive that the Special Master"s decisions were "effective as orders when made." We have determined the trial court lacked the right to exercise its jurisdiction because all matters previously in dispute had been fully adjudicated, the decrees previously rendered had become final judgments two years earlier, and neither party had filed the requisite petition (complaint) and summons to afford the trial court the right to exercise its "exclusive jurisdiction" over the domestic decrees it had previously entered. We, therefore, vacate the Order of Reference and any derivative orders arising therefrom.

http://www.tba2.org/tba_files/TCA/2007/hodgee_110107.pdf


CHRIS JONES v. BEDFORD COUNTY, TENNESSEE

Court: TCA

Attorneys:

Phillip L. Davidson, Nashville, Tennessee, for the appellant, Chris Jones.

S. Todd Bobo, Shelbyville, Tennessee, for the appellee, Bedford County, Tennessee.

Judge: CLEMENT

A former inmate of the Bedford County Jail alleges in this negligence action under the Governmental Tort Liability Act that he was sexually assaulted by a corrections officer employed by the sheriff's department and that the county is liable due to the negligent acts and omissions of supervisory personnel of the sheriff's department for "failing to properly supervise" Correctional Officer Raymur when the County "knew, or should have known of his sexually oriented behavior." The trial court summarily dismissed the claim upon a finding there was no evidence the sheriff's department knew or should have known that it was reasonably foreseeable the corrections officer would sexually assault the plaintiff. We have concluded the record contains facts sufficient to create a dispute of fact as to the issue of foreseeability. Therefore, we vacate the summary dismissal of the plaintiff's claim for negligent supervision and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2007/jonesc_110107.pdf


MARGARET ANN KING v. CHRISTY KING SPAIN (HUDSON), ET AL.

Court: TCA

Attorneys:

Lee Borthick, Springfield, Tennessee, for the appellants, Christy King Spain (Hudson) and Wanda Faye King.

John M. Cannon, Goodlettsville, Tennessee, for the appellee, Margaret Ann King.

Judge: COTTRELL

This case involves a dispute over the division of proceeds from the sale of a failed business venture. The trial court referred certain matters to a special master for determination. The special master made several specific findings, but left issues open to be decided by the trial court. The trial court adopted the findings of the special master and made no additional determinations. Appellants appeal. We must dismiss this appeal because there is no final order resolving all the claims between the parties and remand the matter back to the trial court for further determinations.

http://www.tba2.org/tba_files/TCA/2007/kingm_110107.pdf


VIRGINIA GRACE MASSEY-HOLT v. STACY WADE HOLT

Court: TCA

Attorneys:

Timothy P. Underwood, Pulaski, Tennessee, for the appellant, Virginia Grace Massey-Holt.

Robert D. Massey, Pulaski, Tennessee, for the appellee, Stacy Wade Holt.

Judge: SUSANO

This is a post-divorce modification case. The parties' divorce judgment, which was entered on November 3, 2004, was based upon their Marital Dissolution Agreement and an agreed Permanent Parenting Plan. Under that plan, Virginia Grace Massey-Holt ("Mother") was designated as the primary residential parent of Noah Wade Holt (DOB: August 26, 1999) and Joshua Thomas Holt (DOB: April 30, 2002). In the instant proceedings, Stacy Wade Holt ("Father"), filed a petition seeking to be named the children"s primary residential parent and asking that the "parenting time be adjusted." Following a hearing, the trial court named Father as the primary residential parent and adjusted the residential parenting time. Mother appeals. We reverse, reinstate the trial court's previous designation of Mother as the primary residential parent, and adopt Mother's proposed Permanent Parenting Plan.

http://www.tba2.org/tba_files/TCA/2007/masseyholtv_110107.pdf


STEVEN L. SMITH v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Steven L. Smith.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Steven L. Smith, appeals from the Knox County Criminal Court's dismissal of his petition for post-conviction relief from his conviction for burglary of a business. He was sentenced to seven years as a Range II, Multiple Offender. The petitioner contends the trial court erred in dismissing his petition without a hearing after he moved for a continuance. We reverse and remand the case for an appropriate evidentiary hearing.

http://www.tba2.org/tba_files/TCCA/2007/smiths_110107.pdf


TODAY'S NEWS

Legal News
Clarification
Upcoming
TennBarU CLE
TBA Member Services

Legal News
Irvine gets Criminal Court appointment
Gov. Phil Bredesen announced this afternoon that he has appointed Kenneth F. Irvine Jr. to replace the late Ray Lee Jenkins as one of Knox County's three Criminal Court judges. Irvine had been filling the position temporarily after Jenkins' death, and was recently recommended by the Judicial Selection Commission to fill the spot.
The News Sentinel has the details
Executions slow down, waiting for Ky. case outcome
The U.S. has gone an entire month without executing anyone, as judges and elected officials effectively halted executions following the Supreme Court's decision to rule on lethal injection procedures in a case from Kentucky.
Read the AP's analysis in the News Sentinel
AWA officers installed, Amundsen wins award
Shari Myers was installed as the new president of Memphis's Association for Women Attorneys recently at its annual banquet. Amy J. Amundsen was presented the Marion Griffin-Frances Loring Award, a new board of officers was inducted and there was a presentation of scholarships to four law school students.
Read more about it in the Commercial Appeal
Learn more about AWA's president Shari Myers in the Commercial Appeal
Assistant U.S. attorneys given oath in Greeneville
New assistant U.S. attorneys and one new special assistant U.S. attorney were sworn in Oct. 30 at the James H. Quillen U.S. District Courthouse by U.S. District Judge Ronnie Greer. They are: Gregory John Bowman, assistant U.S. attorney in the Greeneville branch office of the U.S. Attorney's Office for the Eastern District of Tennessee; Donald Wayne Taylor, assistant U.S. attorney in the Johnson City branch office; and Brian Clay Johnson, special assistant U.S. attorney in the Johnson City branch office.
The Greeneville Sun has more
Lawyers named to top spots in Nashville
Nashville's new mayor appointed Sue Cain to be the city's law director and Richard Riebeling to be finance director. Cain was deputy law director when Dean led that department for more than seven years. Riebeling was commissioner of the Tennessee Department of Economic and Community Development from 1993 to 1995. He is an attorney by training and a former reporter for the defunct Nashville Banner.
The Tennessean has more
McMillan's service to community praised
The Leaf-Chronicle discusses Kim McMillan's contributions to the community as she prepares to become executive director of Community and Business Relations at Austin Peay State University on Nov. 12.
Read the story
Bedford County discusses moving judicial offices
Courts and judicial offices could move out of the Bedford County Courthouse and non-judicial fee offices could move in, following a recent meeting of the Bedford County Board of Commissioners' Courthouse and County Property Committee.
The Shelbyville Time-Gazette covered the meeting
Clarification
TBAToday ran an item on Oct. 25, 2007, relating to a U.S. District Court ruling in John B. vs. Goetz, 98-168 (M.D. Tenn.). Attached as a link, in addition to a link to the opinion, was a summary by the Tennessee Justice Center. TBAToday did not indicate in the item that Tennessee Justice Center is a party in that litigation.

Upcoming
ABA President-elect Tommy Wells to visit Nashville
Tommy Wells, president-elect of the American Bar Association, will visit Nashville on Nov. 7, at the invitation of Lipscomb University's Law, Justice and Society program. Wells' visit will provide lawyers several opportunities to engage with the organized bar. Events include a conference on plumbing the leaks in the diversity pipeline, a luncheon featuring an address by Wells on the core values of the profession, a series of dialogues with bar and judicial leaders and a reception honoring Wells at the Tennessee Bar Center.
Click here for more information or to register for any of these events
TennBarU CLE
Let the Games Begin
TennBarU is teaming up with the TBA Sports & Entertainment Law Section to present a new seminar that will help you stay current on important issues facing your clients today, such as music licensing, distribution agreements, use of musicologists in copyright infringement cases, and a class action against YouTube. Join us Nov. 14 at Belmont University's Curb Event Center for lunch at 11:30 a.m. to 12:30 p.m., followed by an informative 4 hour CLE program.
Register or find out more
Keep malpractice claims in check
Legal malpractice claims are increasingly common, and, as virtually all practitioners can attest, reasonable insurance coverage has become more expensive. To help you survive in this climate, TennBarU is offering a 3-hour seminar in Knoxville on Dec. 3, in Nashville on Dec. 4 and in Memphis on Dec. 5, to discuss risk management, recent developments in the area of legal malpractice, recent case law dealing with legal malpractice claims, and the ethical issues implicated by legal malpractice claims.

Take this class for free! With your TBA Complete Membership, three hours of TennBarU programming is prepaid.
Register now to take advantage of the savings.
TBA Member Services
Free online legal research is hot TBA benefit
Online legal research is available free to all Tennessee Bar Association members through an agreement with Fastcase, a leading online legal research firm. The new 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

 
 
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